Back to Search
Start Over
U.S. Courts' Assistance to International Arbitrations: Recent Developments and Impact on Arbitrations Seated in Switzerland.
- Source :
-
ASA Bulletin . Dec2022, Vol. 40 Issue 4, p777-799. 23p. - Publication Year :
- 2022
-
Abstract
- For years parties to international arbitrations have used the discovery mechanism of § 1782 to seek the U.S. courts' assistance in obtaining evidence from persons in the United States. Over time, a circuit split developed on whether § 1782 extended to private arbitral tribunals. This summer, the United States Supreme Court resolved the circuit split, holding that the scope of § 1782 did not encompass private international arbitration, but leaving the door open for arbitral tribunals imbued with some level of governmental authority. After providing a summary of the Supreme Court's decision, the article focuses on the implications of this new precedent and its impact on participants to arbitration proceedings seated outside the U.S. with a focus on arbitrations seated in Switzerland. [ABSTRACT FROM AUTHOR]
- Subjects :
- *INTERNATIONAL arbitration
*LEGAL evidence
*INTERNATIONAL courts
Subjects
Details
- Language :
- English
- ISSN :
- 10109153
- Volume :
- 40
- Issue :
- 4
- Database :
- Academic Search Index
- Journal :
- ASA Bulletin
- Publication Type :
- Academic Journal
- Accession number :
- 164123588
- Full Text :
- https://doi.org/10.54648/asab2022070