Leveraging Discovery in International Arbitration: Managing Potentials and Perils

Section 1782, U.S. federal courts are authorized to order or withhold discovery “for use in a proceeding in a foreign or international tribunal.” .. Read more However, due to the existing disparity in arbitral proceedings, discovery assistance proceeds with varying conclusions among circuit courts. As a result, debates continue to emerge on the use of Section 1782, considering the Freedom of Information Act (FOIA) requests given to private entities in collecting evidence for foreign arbitrations. With the emerging trends and developments in managing foreign disputes, lawyers and practitioners should always be equipped with the best practices and strategies to address these issues and challenges. In this LIVE Webcast, a panel of distinguished professionals and thought leaders will help the audience understand the latest and most pressing issues in international arbitration. Speakers, among other things, will offer helpful insights on how to successfully manage foreign or international disputes in light of the rapidly evolving legal climate. She writes and lectures on a wide variety of arbitration issues and is the international arbitration specialist for the Diplomatic Book and Website for foreign Embassies and High Commissions. Penny Madden is an English qualified Queen’s Counsel and partner in the London office of Gibson, Dunn & Crutcher.