https://lettersblogatory.com/2013/05/31/paper-of-the-day-s-i-strong-on-the-applicability-of-section-1782-to-international-arbitration/ The Blog of International Judicial Assistance Tue, 26 Nov 2024 21:22:04 +0000 hourly 1 https://wordpress.org/?v=6.9.4 https://lettersblogatory.com/2013/05/31/paper-of-the-day-s-i-strong-on-the-applicability-of-section-1782-to-international-arbitration/#comment-22938 Tue, 26 Nov 2024 21:22:04 +0000 http://lettersblogatory.com/?p=14228#comment-22938 […] question we have considered many times before, and which is also the subject of S.I. Strong’s excellent paper: is a private arbitration a “proceeding in a foreign or international tribunal,” for […]

]]> https://lettersblogatory.com/2013/05/31/paper-of-the-day-s-i-strong-on-the-applicability-of-section-1782-to-international-arbitration/#comment-1336 Fri, 13 Jan 2017 11:01:03 +0000 http://lettersblogatory.com/?p=14228#comment-1336 […] friend of Letters Blogatory whose important paper on § 1782 in arbitration I’ve written about before. I only know Professor Fach by reputation, but that reputation is […]

]]> https://lettersblogatory.com/2013/05/31/paper-of-the-day-s-i-strong-on-the-applicability-of-section-1782-to-international-arbitration/#comment-1335 Mon, 20 Jan 2014 11:01:22 +0000 http://lettersblogatory.com/?p=14228#comment-1335 […] And GEA must have known that Flex-N-Gate could have asked the distict judge to provide evidence to a “foreign or international tribunal,” as district judges are authorized to do by 28 U.S.C. § 1782; see, e.g., Heraeus Kulzer, GmbH v. Biomet, Inc., 633 F.3d 591, 593 (7th Cir. 2011). The German panel conducting the arbitration between GEA and Flex-N-Gate might be considered such a tribunal. See Consorcio Ecuatoriano de Telecommunicaciones S.A. v. JAS Forwarding (USA), Inc., 685 F.3d 987, 997-98 (11th Cir. 2012). (Or might not—the applicability of section 1782 to evidence sought for use in a foreign arbitration proceeding is uncertain. See S.I. Strong, “Discovery Under 28 U.S.C. § 1782: Distinguishing International Commercial A…). […]

]]> https://lettersblogatory.com/2013/05/31/paper-of-the-day-s-i-strong-on-the-applicability-of-section-1782-to-international-arbitration/#comment-1334 Mon, 14 Oct 2013 10:00:42 +0000 http://lettersblogatory.com/?p=14228#comment-1334 […] private arbitral tribunal was a tribunal within the scope of the statute. Readers should refer to S.I. Strong’s paper on this issue. Second, the judge considered the statutory prerequisites for application of § […]

]]>