New York District Court Finds Section 1782 Applicable to Arbitral Tribunals… but What Kind of Arbitral Tribunals?
Happy New Year!
After having spent the last weeks of 2016 reporting on the Belgian aspects of the enforcement proceedings of the Yukos awards, I wanted to share some thoughts with you on a recent development that took place on the other side of the Atlantic.
On 16 November 2016, the District Court for the Southern District of New York (the S.D.N.Y), handed down its decision in In Re Ex Parte Application of Kleimar N.V. This decision adds up to the relatively large number of federal district court cases which have – following the U.S. Supreme Court’s judgment in Intel v. AMD – showed a willingness to consider arbitral tribunals to be included within the meaning of 28 U.S.C. Section 1782 (Section 1782).
Section 1782 is a U.S. Federal Statute that allows a litigant before a “foreign or international tribunal” outside the United States to apply to the U.S. district courts to obtain discovery against a person or entity residing or found in the district where the application is sought. The questions of whether this federal statute also applies in arbitration proceedings and whether arbitral tribunals fall within the category of “international tribunal” within the meaning of Section 1782 remain, however, uncertain.READ MORE