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Mixing International Arbitration with U.S. Discovery
A United States court decision highlights the opportunities and pitfalls associated with the potential use of U.S.-style discovery to obtain materials for use in international arbitrations. In re Babcock Borsig AG, 2008 WL 4748208 (D. Mass. Oct. 30, 2008), joins a growing number of decisions holding that United States federal district courts are authorized to order such discovery. This represents an additional subject to be considered both in advising foreign clients as to drafting clauses agreeing to international arbitration and in conducting such arbitrations.
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