Speakers: Prof. George A. Bermann, Frances Bivens, Jonathan Chang, Alexandre Vermynck
Under U.S. law, any person or entity “found” in the U.S. may be required by a U.S. federal court to provide documents or testimony for use “in a proceeding in a foreign or international tribunal.” In practice, the discovery that can be ordered is as broad as discovery in U.S.-based litigation, and is often used as a tactic to circumvent limitations on discovery in international arbitration, particularly those relating to third parties. A currently pending case — litigated by Davis Polk’s Frances Bivens and Jonathan Chang — calls squarely into question whether this U.S. law applies to private international arbitrations. Another one, litigated by Alexandre Vermynck, illustrates the potential clashes between US discovery and the French Blocking Statute (a reform of which is currently discussed by the French government).
Please join them and Columbia Law School Professor George A. Bermann for an invigorating discussion that will provide an overview of the law, recent important developments that affect international arbitration practitioners and outline strategies for defending against efforts to obtain such discovery in the U.S.