Overseas Arbitration Panel Deemed Sufficient for Issuing Discovery in the US Under

A Mondaq article from Mayer Brown brings news that "[t]he US Court of Appeals for the Eleventh Circuit, in Consorcio Ecuatoriano de Telecomunicaciones S.A. v. JAS Forwarding (USA), Inc.,1 has held that a foreign arbitration panel is a "tribunal" within the meaning of 28 U.S.C. §1782, thereby authorizing parties to such arbitrations to seek discovery from a United States district court pursuant to that statute….. The Eleventh Circuit decision in Consorcio Ecuatoriano is the first appellate court decision to address this "tribunal" issue squarely since the Supreme Court’s Intel decision" which suggested but did not require the result reached by the 11th Circuit.


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Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”


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