Section 1782 Appeals Receive Stricter Scrutiny In SDNY

By Jonathan Tompkins (November 6, 2018, 4:17 PM EST) -- Counsel who have spent time advising clients in foreign proceedings, including arbitration, should be well aware of the efficacy of 28 U.S.C. Section 1782, the U.S. statute allowing interested persons to elicit the assistance of a U.S. federal district court to obtain evidence from persons and entities residing in that district for use in foreign proceedings. If the court grants such assistance, the party from whom discovery is sought must give "testimony or [a] statement" or "produce a document or other thing" for use in those foreign proceedings, in accordance with the Federal Rules of Civil Procedure.[1] Section 1782 certainly has become a useful tool in obtaining evidence, especially against nonparties, for use in foreign proceedings, including arbitral proceedings.[2]...

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