A&O contributes to the first edition of GAR’s The Guide to Evidence in International Arbitration
08 September 2021
Global Arbitration Review has recently published the first edition of The Guide to Evidence in International Arbitration. Martin Magál, who heads A&O’s dispute resolution practice in Slovakia and in the wider CEE region, coedited the publication. The whole publication is available here.
In Chapter 16, titled Special Mechanisms for Obtaining Evidence, Anna Masser, Lucia Raimanová, Kendall Pauley and Peter Plachý discuss the current state of the law on Section 1782 of Title 28 of the US Code, which facilitates access to US discovery in aid of foreign arbitrations. They also discuss some of the less well-known routes to potentially helpful evidence, including freedom of information access requests, data subject access requests pursuant to EU rules on data protection and evidence obtained in parallel criminal proceedings.