Second Circuit confirms: No discovery for private international arbitrations

The Second Circuit confirmed this week that within the circuit, parties may not ask federal courts to order discovery for use in private arbitrations. The Second Circuit's ruling, In re Application and Petition of Hanwei Guo, No. 19-781 (2d Cir. July 8, 2020), confirms an existing split with the Fourth and Sixth Circuits, which allow such discovery, and means it will be harder for parties in private arbitrations to obtain evidence from people and companies residing within the Second Circuit1.  This decision will have far-reaching consequences considering the number of companies headquartered within the Second Circuit and particularly in New York.

Read More: Second Circuit §1782 decision

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