“The Use of Section 1782 Applications in aid of International Arbitration,” (2013) , The International Comparative Legal Guide to: International Arbitration 2013
For potential litigants in disputes with a nexus to the United States, the expensive and sometimes burdensome U.S. discovery process is frequently cited as a disincentive to litigating in U.S. courts, and a reason for choosing international arbitration. U.S. pre-trial procedures provide for broad discovery of information that is reasonably calculated to lead to the discovery of admissible evidence, including both extensive document production and the liberal conduct of pre-trial depositions. Extensive use of third-party subpoenas for production of documents and to summon witnesses for deposition is also permitted.
This article appeared in the 2013 edition of The International Comparative Legal Guide to: International Arbitration; published by Global Legal Group Ltd, London.