In a recent Law360 article, Gunster Shareholder William Hill is mentioned discussing Section 1782 discovery in International Centre for Settlement of Investment Disputes (ICSID) cases.
Section 1782 allows federal courts to order entities in their districts to turn over evidence to be used in proceedings before a "foreign or international tribunal," the article explains. Hill moderated a panel on Section 1782 back in September at the American Bar Association International Law Section's fall conference in Madrid, Spain. He asked attendees during the panel whether they thought U.S. courts would permit Section 1782 discovery in ICSID cases following the Supreme Court's recent decision in the consolidated case involving consulting firm AlixPartners, and Hill notes that nobody raised their hand.
"It's unlikely that U.S. courts are going to allow discovery in ICSID arbitrations as a general rule, and as ICSID is presently constituted," Hill concludes.
A seasoned business advocate, litigator and trial lawyer with more than three decades of experience, William Hill continuously strives to resolve complex disputes in and out of court throughout the country. He is the first and only lawyer to be Florida Bar Board Certified in both Business Litigation and International Litigation & Arbitration. He represents businesses in a variety of industries such as banking and financial services, behavioral health and health care, technology, real estate, aviation, manufacturing, retail and government. William has also advised large public companies.
