Nicolas Guibert de Bruet, Attorney at Law and Technology Consultant

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Circuit Split: U.S. Discovery Now Available in Some Non-U.S. Arbitration Cases

Wednesday, October 16, 2019, at 09:18.

In Cincinnati, the Court of Appeals for the Sixth Circuit held last month that litigants in private international arbitrations may leverage discovery under 28 U.S.C. 1782(a). Foreign litigants with operations in the Sixth Circuit (Tennessee, Kentucky, Ohio, and Michigan) are particularly impacted by this wrinkle in the ADR discovery process during off-shore commercial arbitration. I seem to discern the unusual issue of reverse extraterritoriality. Interesting circuit split! Click below for the full story.