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By virtue of a landmark decision from the United States Court of Appeals for the  Sixth Circuit, foreign parties that find themselves embroiled in cross-border disputes can add another weapon to their arsenal. Once an esoteric statute that parties used to request evidence in support of either regulatory, state-sponsored, or treaty arbitration, 28 U.S.C. § 1782 may now be used by foreign litigants to obtain U.S.-style discovery for use in private international arbitration." McKool  Smith attorneys Lisa Houssiere and Cecilia Ibarra-van Oosternrijk have published  "Sixth Circuit Opens Door to U.S.-Style Discovery in Aid of Private International Arbitration under 28 U.S.C. § 1782" in Mealey's International Arbitration Report to help clients navigate use of this complex statute and determine whether it may serve as a viable tool for obtaining U.S.-style discovery for use in private commercial arbitrations seated abroad.  You can read the article here.

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