Topic: Discovery

Eni brings ICSID case over Nigeria corruption claims

Italian energy company Eni has launched an ICSID arbitration against Nigeria in response to the state’s allegations that its US$1 billion purchase of an oil prospecting licence was the product of corruption.

08 October 2020

US court split on discovery scope deepens

A US appeals court has refused to allow an electronics supplier to obtain evidence for use in a UK-seated arbitration – deepening a divide in the country’s courts on whether they can grant discovery in aid of foreign commercial arbitrations.

23 September 2020

Russian software group denied discovery in Delaware

A Delaware court has refused a Russian software group’s bid for discovery from the private equity arm of JPMorgan Chase for use in a pair of LCIA arbitrations worth at least US$65 million, ruling that commercial arbitrations are not eligible for such relief.

21 September 2020

Consulting firm appeals discovery for treaty dispute

A US consulting firm and its CEO have appealed a New York court’s order requiring them to produce evidence in aid of a Russian fund’s investment treaty claim against Lithuania, arguing the proceeding is akin to an international commercial arbitration for which recent case law has confirmed discovery is not permitted.

18 August 2020

Discovery denied in Spanish gaming dispute

A US appeals court has dismissed a bid for reciprocal discovery by the respondents in an ICC arbitration where a bitter fight for control of a Spanish gaming group is playing out.

26 May 2020

Turkey gets discovery for ICSID case over media “crackdown”

A US court has ruled that Turkey can compel a businessman to give evidence for use in an ICSID case over the alleged expropriation of a newspaper business – despite the fact that there are criminal charges pending against him in the Turkish courts.

22 May 2020

Rolls-Royce seeks US Supreme Court ruling on scope of discovery

British engineering company Rolls-Royce has asked the US Supreme Court to rule on whether the country's courts can grant discovery in aid of foreign commercial arbitrations.

29 April 2020

Nigeria seeks US discovery for challenge to mega-award

Nigeria has asked a US court to compel discovery from 10 banks as it looks to uncover evidence to support its bid to set aside an award worth almost US$10 billion on grounds of corruption.

28 April 2020

Subpoena in bribery probe upheld despite BIT claim

A US court has upheld a subpoena compelling an engineering company to hand over documents to support a corruption investigation in Ecuador, rejecting arguments it was an attempt to “bypass” procedures in an investment treaty arbitration.

23 April 2020

GAR Live Vienna Lookback: is document production a waste of time?

It’s often assumed common lawyers have an advantage over civil lawyers in any dispute that entails document production. But GAR Live Vienna 2018 heard it is in fact the common lawyer who really suffers at such times – and for whom engaging in discovery with a civil law opponent will be at best pointless and at worst self-sabotage.

07 October 2019

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