Day 16 of Signature’s Slide Show series – Can discovery be used in support of arbitration proceedings?

By Signature Litigation
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Signature Litigation

This powerful tool of US civil procedure allowing access to the opposing party’s documents (including – and most importantly – adverse documents) can be used before foreign and international tribunals (pursuant to 28 USC 1782). Whether it can be used in arbitration proceedings depends on US States. 2020 shed light on a Circuit split. Requests filed on such grounds to obtain orders in support of an arbitration seated outside of the US have been:

Granted in:

  • the 4th Circuit (Maryland, Virginia, West Virginia, North Carolina and South Carolina); and
  • the 6th Circuit (in particular Kentucky, Michigan, Ohio and Tennessee).

Denied in:

  • the 2nd Circuit (Connecticut, New York and Vermont);
  • the 5th Circuit (Louisiana, Mississippi and Texas); and
  • the 7th Circuit (Illinois, Indiana and Wisconsin).

For more information, please click here.


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