The Renewed Debate on the Limits of Discovery Under Section 1782
- By Epaminontas Triantafilou, White & Case LLP,
for YIAG
United States Code Title 28 Section 1782(a) is well-known to practitioners who have participated in international arbitral proceedings involving U.S. parties. The provision governs the judicial assistance U.S. federal courts can provide in foreign discovery. It states, in relevant part, that federal trial courts “of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal….” The court may issue the order “pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal, or upon the application of any interested [...]
A More Expansive Role For Amici Curiae In Investment Arbitration?
- By Epaminontas Triantafilou, White & Case LLP,
for YIAG
Tribunals in investment arbitrations currently impose a fairly consistent set of restrictions to the submissions of amici curiae in proceedings before them, such as short page limits, no access to the arbitral record, etc. The question is whether there are instances where these restrictions need to be tempered.
Over the past ten years, tribunals in investment arbitrations have become increasingly flexible in allowing non-parties to make written submissions as amici curiae. This trend is already reflected in certain arbitral rules. Under ICSID Rule 37(2), for example, third parties may be allowed to file amicus submissions subject to certain requirements. The UNCITRAL Rules have al [...]
