What is the impact of the US Supreme Court's decision to limit the reach of Section 1782?
Section 1782 of Title 28 of the United States Code is a powerful tool that allows foreign litigants to use American-style discovery to obtain evidence, that in many instances is unavailable to litigants in the foreign forum. US federal courts have been split as to whether the statute should extend to private commercial arbitral tribunals as well as investment treaty arbitral tribunals.
The U.S. Supreme Court has just issued its long-awaited ruling on this question in two consolidated cases:
ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401 (private arbitration), and
AlixPartners LLP v. The Fund for Protection of Investors’ Rights in Foreign States, No. 21-518 (investor-state arbitration).
The US Supreme Court has just ruled that 28 U.S.C. § 1782(a), does not encompass private commercial arbitral tribunals or investor-state arbitration tribunals. This decision will have important consequences for international arbitration.
In this webinar members of the Iberian Chapter will discuss the nearly 20-year background of the 1782 controversy (and resulting forum shopping that had arisen over the years). We will analyse the decision of the US Supreme Court and discuss its implications on international commercial and investment treaty arbitration.
The lead speaker, Mr Peter Nahmias, will discuss:
A practical approach to using US federal courts to obtain evidence for use in foreign proceedings
The 20-year controversy over this issue
The impact of the ruling on their practices and international arbitration generally
Antonio Amusategui Batalla, Lawyer and Arbitrator, is a member in the Board of the European Branch of CIArb and Chair of The Iberian Chapter. He holds a Master's in Economics, Business Administration and Law.
His activity has been developed over more than three decades and is focused on planning ventures and investments, negotiation processes and dealing approaches in areas as real estate and urban land development, property assets and portfolios and advising on financial and monetary policies. Recently he has gained experience in blockchain, crypto and virtual assets and the art asset investment and advisory. He has also had a presence in ad-hoc multicultural and multitasked teams for achievements related to the above topics.
In the last few years he has assisted on financial and monetary policies, value channel and market innovation; and has taken a seat in virtual assets, blockchain, crypto industry and art investment sector and ventures.
From time to time, he supports third parties on the matters above.
Peter Nahmias Reiss is a Fellow of the Chartered Institute of Arbitrators and a member of the Steering Committee of the Iberian Chapter of CIArb. He is both a US attorney-at-law and Spanish abogado (admitted to the bars of New York, New Jersey and Madrid, Spain). He is in private practice based in Madrid where he focuses on international commercial dispute resolution. He will play the role of lead speaker.