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Expert Analysis

2nd Circ. Ruling May Limit Discovery In Int'l Arbitration

By Jeffrey Rosenthal, Boaz Morag and Katie Gonzalez (July 31, 2024, 6:15 PM EDT) -- On July 19, the U.S. Court of Appeals for the Second Circuit held that an arbitral tribunal constituted under the International Center for Settlement of Investment Disputes was not a foreign or international tribunal within the meaning of the Section 1782 discovery statute, because the specific ICSID tribunal at issue did not possess the attributes that evidence an intent to imbue the panel with the requisite governmental authority.[1]...

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