The Meaning of Arbitral Tribunal “Consent” in Section 1782 Discovery

The Meaning of Arbitral Tribunal “Consent” in Section 1782 Discovery

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Among those who agree that discovery pursuant to 28 U.S.C. § 1782 is available in international arbitration, there is a general consensus that discovery requests made after the tribunal has been constituted should only be granted if the arbitral tribunal consents to the request. However, there has been little to no discussion over what consent actually means in this context. This blog post is an attempt to (1) highlight the fact that consent lacks a clear definition in this context, and (2) explore how prior Section 1782 case law and the special concerns raised by international arbitration can inform the meaning of consent.

Philippines’ Recent Proposal to Reinstate Death Penalty:  A Setback to Worldwide Progress Towards the Abolition of Capital Punishment?

Philippines’ Recent Proposal to Reinstate Death Penalty: A Setback to Worldwide Progress Towards the Abolition of Capital Punishment?

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The Philippines House of Representative recently approved a proposal that would reinstate the death penalty for crimes including murder, rape and certain drug offenses. As significant progress toward abolition of capital punishment is observed worldwide, this move by the Philippines may be seen as an unfortunate setback against the general trend worldwide.

Big Business Deserves a Break, Too: It’s Time for a Tax Holiday

Big Business Deserves a Break, Too: It’s Time for a Tax Holiday

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American multinational enterprises have harnessed the U.S. international tax system to legally defer taxation on trillions of dollars of unrepatriated foreign earnings. A 10% tax holiday, which would incentivize companies to repatriate offshore income at a rate far below the 35% federal corporate income tax rate, is a bargain that could benefit the IRS, American businesses, and investors alike.