OBTAINING EVIDENCE FOR USE IN INTERNATIONAL TRIBUNALS UNDER 28 U.S.C. SECTION 1782

June, 2020

Transnational discovery is a vitally important part of international litigation. An increasingly important role has been discovery in the United States of information that can be used in international and foreign tribunals. That discovery has been done through the use of section 1782 of the federal judicial code, title 28, under which US courts have the discretion to permit interested  persons to obtain documents and take depositions under the Federal Rules of Civil Procedure for use in foreign and international tribunals.

As applications to federal courts have multiplied in recent years, courts have dealt with them in varying ways and on various legal bases, not all of them consistent with one another. This book discusses in detail the various ways in which courts have interpreted and applied various elements contained in section 1782. The book is the only one written for practitioners by practitioners with experience and expertise in litigation involving section 1782.