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McKool Smith principal Lisa Houssiere opiniated in a Law360 article, “2nd Circ. Arbitration Discovery Ruling Ripe For High Court.” On July 8th, the Second Circuit concludes that “Section 1782 of the U.S. code, which allows federal courts to order entities in their district to turn over evidence to be used in proceedings before ‘a foreign or international tribunal’ at the request of ‘any interested person,’ does not apply to private international commercial arbitration.” Lisa explained that “the statute arguably also allows parties to seek discovery in ‘reasonably contemplated’ proceedings…. That could make it easier for parties to a potential arbitration to evaluate which parties will need to be involved in the dispute, and which theories the case should be brought under.” She added, “If [parties] can get pre-dispute discovery ... that would be a game changer.” For more details, access the article here.


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