Proskauer Rose International Practice Guide

Proskauer on International Litigation and Arbitration:
Managing, Resolving, and Avoiding Cross-Border Business or Regulatory Disputes

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Ch. 14 Discovery in United States in Aid of Proceedings Outside U.S. Including 28 U.S.C. §1782

I	Introduction
II	Voluntary Provision of Evidence in the U.S. in Aid of a Non-U.S. Proceeding
III	Compelling Evidence in the U.S. in Aid of a Non-U.S. Proceeding: Applicable Statutes and Treaties
IV	Diplomatic vs. Private Procedures for Compelling Evidence in the U.S.
V	Using Diplomatic Channels to Compel Discovery in the U.S.
VI	Using 28 U.S.C. § 1782 to Compel Evidence in the U.S. in Aid of a Non-U.S. Proceeding
VII	Basic Requirements of Section 1782
VIII	Factors Considered in Deciding Whether to Grant Discovery Under Section 1782
IX	Procedure For Obtaining Relief Under Section 1782
X	Text of 28 U.S.C. § 1782

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TABLE OF CONTENTS

INTERNATIONAL LITIGATION

Ch. 1

Securing U.S. Jurisdiction

Ch. 2

Selecting U.S. Venue

Ch. 3

Service Outside U.S.

Ch. 4

Cross-Border Investigations

Ch. 5

U.S. Court Abstention in Deference to Non-U.S. Proceedings

Ch. 6

The Role of Comity

Ch. 7

Choice of Law Issues: Selecting the Appropriate Law

Ch. 8

Choice of Law Issues: Proof of Non-U.S. Law in U.S. Courts

Ch. 9

Suing Non-U.S. Governmental Entities in U.S. Courts

Ch. 10

Anti-Suit Injunctions: Enjoining Non-U.S. Court Proceedings in U.S. Courts

Ch. 11

Anti-Suit Injunctions: Enjoining U.S. Court Proceedings in Non-U.S. Courts

Ch. 12

Maintaining Status Quo: Provisional Remedies

Ch. 13

Discovery Abroad for U.S. Proceedings

Ch. 14

Discovery in United States in Aid of Proceedings Outside U.S. Including 28 U.S.C. §1782

I	Introduction

II	Voluntary Provision of Evidence in the U.S. in Aid of a Non-U.S. Proceeding

III	Compelling Evidence in the U.S. in Aid of a Non-U.S. Proceeding: Applicable Statutes and Treaties

IV	Diplomatic vs. Private Procedures for Compelling Evidence in the U.S.

V	Using Diplomatic Channels to Compel Discovery in the U.S.

VI	Using 28 U.S.C. § 1782 to Compel Evidence in the U.S. in Aid of a Non-U.S. Proceeding

VII	Basic Requirements of Section 1782

VIII	Factors Considered in Deciding Whether to Grant Discovery Under Section 1782

IX	Procedure For Obtaining Relief Under Section 1782

X	Text of 28 U.S.C. § 1782

Ch. 15

Privilege Issues

Ch. 16

Cross-Border Legal Ethics

Ch. 17

Trials

Ch. 18

Recognition & Enforcement of Judgments

INTERNATIONAL ARBITRATION

INTERNATIONAL ISSUES IN SELECT SUBSTANTIVE AREAS

ACKNOWLEDGEMENTS

DISCLAIMER

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Ch. 14 Discovery in United States in Aid of Proceedings Outside U.S. Including 28 U.S.C. §1782

Author: NOAH SISKIND GITTERMAN

I. Introduction

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This Chapter provides an overview of some of the methods available for taking evidence in the U.S. in aid of a non-U.S. proceeding, including the provision of evidence on a voluntary basis, and compelling evidence through the use of diplomatic channels. The bulk of this Chapter, starting at Section VI, discusses requests for discovery made pursuant to 28 U.S.C. § 1782, which allows litigants or other interested persons involved in international proceedings to make a request directly to a federal district court for an order compelling discovery from a person or entity that resides or is found in the district in which the court sits.

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