Buch, Englisch, 320 Seiten
The Law and Practice under 28 U.S.C. § 1782
Buch, Englisch, 320 Seiten
ISBN: 978-90-411-8840-3
Verlag: Wolters Kluwer
- What goes into an application?
- How can a respondent or intervenor challenge it?
- When is a person “found” in the district, pursuant to Section 1782?
- Who qualifies as an “interested person?”
- What is a “foreign or international tribunal?”
- Can Section 1782 be used in aid of foreign arbitrations?
- Can it be used before a foreign proceeding is filed?
- Can discovery be obtained over documents located abroad?
- How can the discretionary factors defined in Intel—jurisdictional reach, receptivity, circumvention and burden—be satisfied or challenged?
- What circumstances have led courts to deny Section 1782 applications?
The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.