U.S. Courts Remain Skeptical of Applications in Support of Discovery in International Commercial Arbitration – A Pasich Attorney Authors Case Analysis for LexisNexis

In In re Webuild SPA (‘Webuild’), the U.S. District Court for the Southern District of New York was presented with a motion to vacate the court’s order granting an ex parte application for discovery pursuant to 28 U.S.C. § 1782 and a motion to quash a subpoena. The court held that the orders to aid discovery be denied given that the arbitration panel could not be considered a “foreign or international tribunal.” In an analysis for LexisNexis, a Pasich attorney discussed Webuild and the practical implications of the ruling.

They act as counsel for U.S. and foreign companies in domestic and international arbitrations, including both ad hoc (ARIAS, Bermuda Form, London) as well as institutional (AAA, ICC, ICDR, JAMS, LCIA) arbitration forums.  They served as both party-appointed and sole arbitrator and is a Member of the AAA National Roster of Arbitrators, the AIADR’s Presidential Panel of Arbitrators, the ARIAS Asia Panel of Arbitrators, the CPR Institute’s Distinguished Panels of Neutrals (including the Insurance-Policyholder Coverage Panel), and the Singapore International Arbitration Centre’s Reserve Panel of Arbitrators.