In New York Law Journal Article, Yecies and Hightower Examine SCOTUS Case on Use of Discovery in Private International Arbitration Proceedings
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New York Law Journal has published the article “SCOTUS To Decide If §1782 Discovery Procedures Apply to Private Arbitration,” written by Akin Gump litigation partner Jacqueline Yecies and associate Christina Hightower.
The article discusses a case that the U.S. Supreme Court is set to decide pertaining to a circuit split over whether U.S. discovery can be obtained for use in private international arbitration proceedings under §1782. The split, Yecies and Hightower write, “has resulted in increasing uncertainty for parties agreeing to arbitrate abroad.”
The decision by the Supreme Court, the authors write, “could either open the floodgates of U.S. discovery to foreign arbitration proceedings or prevent the use of §1782 to obtain discovery in the U.S. in these proceedings altogether.” Either way, they add, “a decision would impact the way contracting parties think about agreements to arbitrate abroad.”
To read the article in its entirety, please click here.
