More news on: Center for the Study of Dispute Resolution (CSDR), Faculty News, Prof. S.I. Strong

Professor Cited by Federal District Court

May 20th, 2016

Prof. S.I. Strong

Professor S.I. Strong‘s article, “Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration,” 1 Stanford Journal of Complex Litigation 295 (2013), was recently cited in In re the Application of TJAC Waterloo, LLC, Case No. 3:16-mc-9-CAN, 2016 WL 1700001 (N.D. Ind. Apr. 27, 2016).

The case considered whether and to what extent the court could order U.S. discovery to “assist” foreign courts and tribunals under 28 U.S.C. s 1782.  The matter arose in the context of an expert determination involving an international construction dispute seated in London, which the court found to be akin to an international arbitration.  After considering various issues, the court held that 1782 was not available to the parties because of the private nature of the dispute.

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