Foreign Arbitration Proceedings: Court Ordered Disclosure in the US and UK

Following the major decision of the US Supreme Court in Luxshare limiting the scope of 28 U.S.C. §1782, and the decision of the English Court of Appeals in A v C extending similar powers, the ability of litigants to obtain the aid of courts in England and America in taking evidence from non-parties in support of foreign arbitral proceedings has changed enormously in just a few years. Further changes may be on the horizon in England with the ongoing review of these powers by the Law Commission.

In an area which raises important questions about the interaction between arbitration and the courts, this panel draws together leading practitioners from both the US and the UK to discuss the recent developments in England and America, and the future scope of these powers on both sides of the Atlantic, including the future of §1782 type relief in federal courts.

Speakers

Richard Lissack KC, Fountain Court Chambers, London, UK

Carlos Ramos-Mrosovsky, Baker & Hostetler LLP, New York, NY

Nigel Tozzi KC, 4 Pump Court Chambers, London, UK

Teresa Rosen Peacocke, Outer Temple Chambers, London, UK and New York, NY

Jonathan Schaffer-Goddard, Holwell Shuster & Goldberg, New York, NY; 4 Pump Court Chambers, London, UK

Prof. Linda J. Silberman, New York University, New York, NY