Resource Library

On June 13, 2022, the US Supreme Court resolved a long-standing circuit split holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade, litigants in international arbitrations had been trying to use section 1782 more frequently to obtain comprehensive discovery that would otherwise typically be unavailable in arbitration abroad. While the Supreme Court has ostensibly put an end to that practice, the possibility of further litigation over section 1782 remains, as parties are likely to test the boundaries of the Supreme Court’s decision.

This is a sample litigation hold & document preservation policy informing employees of the company's rules on preserving evidence in contexts where the company is a defendant in a commercial dispute.

This is a sample litigation hold policy of a company in the United States.

Given the close relationship between the United States (US) and Canada, it is common for commercial disputes with US origins to migrate north and take on cross-border dimensions. There are certain key considerations for in-house counsel to keep in mind once a dispute reaches Canada. All Canadian provinces except for Quebec follow the common law system, to which this article is limited.

Learn about the implications of climate risk for the financial sector, financial risk, litigation, and greenwashing.

In this multi-country guide, learn about the rules regarding whistleblower protection and reporting channels in a wide range of jurisdictions.

In this multi-country guide, learn about the rules regarding employment termination laws in a wide range of jurisdictions.

Learn about key developments and perspectives regarding class actions in Europe.

In this multi-country guide, learn about class actions in a wide range of jurisdictions in Europe.

In this multi-country guide, learn about the legal framework for international arbitration in a wide range of jurisdictions.