Widening Circuit Split, Seventh Circuit Joins Second and Fifth Circuits in Refusing to Allow Discovery in Aid of Private Commercial Arbitration Seated Outside the United States.
This one continues to rumble on and it’s something I have posted about previously. As I said before, it’s certainly interesting to see this case law developing.
Here at Alvarez & Marsal, we are seeing an increase in discovery-related work associated with international arbitration matters - be it in the form of helping formulate and respond to issues, managing relevant document sets - specifically looking for documents to be exhibited, or analysing complex and disparate data sets to build models used during expert evidence by the relevant accountants and/or economists.
Data and documents can be central to any legal proceeding regardless of whether there is a common law discovery or disclosure process, and it is essential that these are appropriately collected, managed and analysed to avoid subsequent issues due to incompleteness, inaccuracy or error!
More here from a previous post I shared: https://amonsocial.alvarezandmarsal.com/post/102gi7f/7th-circ-nixes-doc-bid-in-uk-engine-fire-arbitration
Regardless of how the Third and Ninth Circuits come out on the issue, parties who are or who may become involved in arbitration seated outside the United States should be aware that seeking discovery under Section 1782 is an available option in more jurisdictions within the United States than ever before.