Abstract

http://ssrn.com/abstract=2261444
 
 

Citations (1)



 


 



Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration


S.I. Strong


University of Missouri School of Law

May 6, 2013

1 Stanford Journal of Complex Litigation (2013), Forthcoming
University of Missouri School of Law Legal Studies Research Paper No. 2013-10

Abstract:     
For many years, courts, commentators and counsel agreed that 28 U.S.C. §1782 – a somewhat extraordinary procedural device that allows U.S. courts to order discovery in the United States “for use in a proceeding in a foreign or international tribunal” – did not apply to disputes involving international arbitration. However, that presumption has come under challenge in recent years, particularly in the realm of investment arbitration, where the Chevron-Ecuador dispute has made Section 1782 requests a commonplace procedure. This Article takes a rigorous look at both the history and the future of Section 1782 in international arbitration, taking care to distinguish between requests made in the context of international commercial arbitration and requests made in the context of international investment arbitration. In so doing, the Article considers issues relating to grants of jurisdiction, state interests and standard interpretive canons.

Number of Pages in PDF File: 96

Keywords: 28 U.S.C. 1782, civil procedure, international litigation, international commercial arbitration, arbitration, investment arbitration, discovery, foreign tribunals, public international law, private international law, comparative law, treaties, investor-state arbitration, New York Convention

Accepted Paper Series


Download This Paper

Date posted: May 6, 2013  

Suggested Citation

Strong, S.I., Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration (May 6, 2013). 1 Stanford Journal of Complex Litigation (2013), Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-10. Available at SSRN: http://ssrn.com/abstract=2261444

Contact Information

S.I. Strong (Contact Author)
University of Missouri School of Law ( email )
Missouri Avenue & Conley Avenue
Columbia, MO 65211
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,426
Downloads: 293
Download Rank: 57,959
Citations:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.218 seconds