Professor Strong Cited By Federal Court

Professor S.I. Strong‘s article, “Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration,” in 1 Stanford Journal of Complex Litigation 295 (2013), was recently cited by the federal district court for the Northern District of Illinois in Kleimar, N.V. v. Benxi Iron and Steel America, Inc.

The case considered whether an international commercial arbitration administered by the London Maritime Arbitration Association could be considered a foreign or international tribunal within the terms of 28 U.S.C. §1782, thereby allowing interested parties to seek discovery within the United States.

The district court decided that the tribunal could be described in these terms, although the court also noted that the Seventh Circuit had not yet reached the issue, citing an earlier opinion (GEA Group AG v. Flex-N-Gate Group, 740 F.3d 411 (7th Cir. 2014)) that relied on Professor Strong’s article to question whether international arbitral proceedings fell within the terms of the statute.