Tag results for 'discovery'

Key practical asset recovery guidance drawn from the 3rd Annual Asset Recovery Committee Meeting panels

This article is drawn from a panel discussions at the 3rd Annual Asset Recovery Committee Meeting. When discussing the most common strategic and procedural pitfalls in cross-border asset recovery, rather than revisiting theoretical frameworks, this article focusses on practical experiences drawn from multiple jurisdictions, illustrating how apparently minor tactical decisions can generate significant – and sometimes irreversible – consequences. The discussion, co-moderated and confirmed that in international enforcement, disciplined coordination and strategic consistency are often as critical as substantive legal arguments.

Released on Jul 3, 2026

More ‘Americanization’ of discovery? The fate of Section 1782 remains unsettled

In recent years international lawyers have grown increasingly concerned about the burdensome ‘Americanization’ of discovery in global disputes. The United States Supreme Court recently lost an opportunity to decide the fate of one of the most direct forms of such ‘Americanisation’ – whether parties in private commercial arbitration can seek discovery in US courts under Section 1782. Divisive litigation over Section 1782 will now continue until the Supreme Court resolves the issue and the circuit split.

Released on Oct 8, 2021