2nd Circle Appears open to use of article 1782 after judgment

By Jeff Newton (May 17, 2022, 1:20 p.m. EDT) — As 21st century disputes take on an increasingly cross-border character, parties have also resorted to a powerful tool provided to non-U.S. litigants under the US law — petitions for notice pursuant to Title 28 of the United States Code, Section 1782.

While many have focused on whether private international arbitrations can support claims under Article 1782, case law has evolved on another question: can Article 1782 be used by litigants seeking identify assets to satisfy judgments rendered in non-US proceedings?

These claims are concentrated in the United States District Court for the Southern District of New York – home…

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