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The Consorcio Decision and the Need to Account for Discovery Outside the Arbitration Procedure
April 30, 2013 download PDF
Paul, Weiss Partner Chris Boehning, along with Associate Peter Hering and visiting lawyer Damien Berkowitz, authored an article titled, "The Consorcio decision and the need to account for discovery outside the arbitration procedure" in the February 2013 issue of the International Bar Association's (IBA) Arbitration News. In the decision, Consorcio Ecuatoriano de Telecomunicaciones SA vs. JAS Forwarding (US), Inc, the Eleventh Circuit affirmed that a private arbitral tribunal can be deemed "a foreign or international tribunal" under 28 USC section 1782, and thus judicial assistance in the gathering of evidence may be provided by the district court. This article is reproduced by kind permission of the IBA, London.