In Global Arbitration Review Article, Akin Gump Litigators Examine Impact of Appellate Court Rulings on US Discovery

Global Arbitration Review has published the article “Two new rulings on US discovery,” written by Akin Gump litigation partners Mitchell Hurley and Justin Williams and counsel John Murphy. The article looks at two separate rulings in the past month by U.S. federal appeals courts that the authors say “are likely to have a significant effect on the practice of international arbitration worldwide.”

Hurley, Williams and Murphy write that, until recently “the availability of U.S. discovery against third parties in aid of foreign proceedings was thought not to extend to international arbitration or to documents held overseas by U.S. persons.” In light of the recent court decisions, however, the ability “to seek such U.S. third-party discovery represents a significant new tool to be deployed by arbitration counsel in suitable cases.” The implications, the authors add, may be far-reaching.

To read the article in its entirety, please click here.