In a recent report, the Committee on International Commercial Dispute Resolution of the Association of the Bar of the City of New York considered the long-standing controversy over whether 28 U.S.C. § 1782 should be used in connection with international commercial arbitrations. The Committee concluded that § 1782 should be available for use in connection with foreign or international arbitrations. The Committee also recommended that, once an arbitral tribunal is constituted, § 1782 discovery should be allowed only if the request for the same comes from the arbitral tribunal or with the consent of the tribunal.   

Multiple adjudications are permitted provided they do not relate to the same, or substantially the same, dispute. A referring party cannot make good in a later adjudication the shortcomings in its claim in an earlier adjudication. Doing so would permit it to have two bites at precisely the same cherry. Care should therefore be taken to ensure that your best case is presented at first pass.    

In Equitas Ltd v Allstate Insurance Co - Lawtel 9.9.08 the applicant, which was the Defendant in proceedings brought by the respondent, sought a stay of those proceedings pending the determination of arbitration in Texas between itself and an American reinsurance company which was in receivership. The proceedings concerned the scope of a commutation agreement entered into by the respondent, a group of companies linked to Lloyd’s of London, and the applicant, which had reinsured the Lloyd’s syndicates, which contained an exclusive English jurisdiction clause.