Parties involved in Israeli or other non-U.S. court or arbitration proceedings involving persons or companies based in the U.S. may not be aware of their ability in certain cases to obtain discovery from those persons or companies under the broad U.S. discovery procedures.
In 2004, the United States Supreme Court’s landmark case Intel Corp. v. Advanced Micro Devices, Inc.1 made it easier for parties in foreign disputes to obtain documentary and testimonial evidence from U.S. persons and companies using U.S. discovery mechanisms, pursuant to the judicial assistance provisions in 28 U.S.C. §1782. As the United States permits more extensive pretrial discovery than many other countries, the international discovery available under section 1782 has become an increasingly important tool for foreign parties engaged in disputes worldwide.
Continue Reading Recent Developments in Availability of U.S. Discovery in International Disputes