International Arbitration

International Arbitration Information by Aceris Law LLC

  • International Arbitration Resources
  • Search Engine
  • Model Request for Arbitration
  • Model Answer to Request for Arbitration
  • Find International Arbitrators
  • Blog
  • Arbitration Laws
  • Arbitration Lawyers
You are here: Home / Arbitration Information / International Arbitration And Discovery In The U.S. (Section 1782)

International Arbitration And Discovery In The U.S. (Section 1782)

24/11/2013 by International Arbitration

U.S. discovery traces its roots to the 1789 Judiciary Act, which legal historians generally view as a poorly-drafted and poorly-conceived piece of legislation.

One of the worst aspects of U.S. litigation, and there are many, is its ridiculous discovery rules, which can result in far more work than the underlying issues in a given dispute warrant, and far too many associated costs, reducing the efficiency of U.S. dispute resolution to a crawl, and resulting in pointless fishing expeditions which almost never uncover the “smoking gun” that Parties are seeking. U.S. discovery is far more useful as a procedural club to beat the opposing party into submission or settlement, than as a tool for determining the underlying truth, and it rarely serves the interests of litigants, although it can produce significant value for law firms.

One of the key reasons why international arbitration is considered to be swifter and less expensive than litigation is precisely because there is far less extensive discovery than in certain common law jurisdictions. This is increasingly being undermined due to the U.S. judiciary’s arguably flawed interpretation of Section 1782.

Filed Under: Arbitration Information, Arbitration Jurisdiction, Belarus Arbitration, Belgium Arbitration, Iceland Arbitration, Italy Arbitration, Jurisdiction, United States Arbitration

Search Arbitration Information

Errors in the Employer’s Requirements under FIDIC Contracts: Legal Implications and Lessons Learned

Managing Construction Disputes: Understanding the Causes

China’s New Arbitration Law 2025: Overview of Key Changes

Unpaid Invoices and International Arbitration: Is It Worth It?

AI Construction Arbitrator: Revolutionising the Future of International Arbitration?

Effective Case Management in International Arbitration

Analysing the Site Visit Model Protocol for International Arbitration

Interpreting Treaties in Investment Arbitration

Blowing the Whistle on CAS: The CJEU’s RFC Seraing v. FIFA Decision

How Enforcement Works: Turning Arbitral Awards into Real-World Results

Notice of Arbitration by SMS: Efficiency vs. Fairness

Avoiding Pathological Arbitration Clauses: Do’s and Don’ts for In-House Counsel

© 2012-2025 · IA