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?By: Summer Xia
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.
The English High court decision in Okpabi v. Royal Dutch Shell that it lacks jurisdiction over a suit against Shell and its Nigerian subsidiary for allegedly polluting and causing environmental damage through its oil production activities sets up a significant hurdle to future suits in English courts for corporate human-rights abuses abroad.
An interview with Professor Paul Williams about careers in international law, Public International Law & Policy Group’s (“PILPG”) assistance to the Syrian opposition at the Geneva talks on Syria, and President Trump.
In the wake of graft scandals in South Korea, Lee Jae-Yong, who is head of Samsung Group, is now behind bars. Though there is a specter of a U.S. FCPA investigation into Samsung, it is unlikely to occur.
Recent calls for the United States to disengage from international organizations raise the need to assess potential legal repercussions of withdrawing from the United Nations.
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.
A brief overview of some major recent developments in international law, from Malaysia and North Korea to Israel and Hungary.
The United Kingdom’s “Brexit” vote poses serious challenges to the continued success of the Northern Ireland peace process.
As Australia moves closer to finalizing its proposed extradition treaty with China, some argue that the treaty, as it stands, lacks the requisite provisions to ensure that the human rights of those facing extradition are protected. Others argue that the treaty is needed to adequately combat crime on a domestic and transnational level.