Legal discovery is an important tool for the enforcement of judgments and awards but its availability is not uniform and the rules governing its availability are constantly evolving. The latest example is new data confirming that changes to US discovery rules have had a knock-on effect on the ease of accessing information for foreign arbitrations.
US federal statute 28 U.S.C. § 1782 allows discovery in the US for use in a foreign proceeding, and it has become an increasingly popular and powerful tool for asset recovery. Any conference on commercial disputes, cross-border litigation and insolvency will inevitably feature at least one session on Section 1782, with English or other foreign legal professionals talking chapter and verse about its benefits, so attractive and now familiar is it to foreign litigants seeking information outside the US.
The impact of ZF Automotive v Luxshare
Implications for arbitration claimants
Note: This article was first published in ThoughtLeaders4 Disputes Magazine here.