Recent Developments as to Discovery Applications under 28 U.S. C. Section 1782

Section 1782 is a federal statute that authorizes U. S. district courts to order discovery from a person or entity located in the U.S. for use in proceedings before foreign tribunals. Two recent decisions have shed light on the scope of such discovery allowed.

In Banoka S.A.R. L. v. Elliott Management Corp., 2025 WL 2166397 (2d Cir. 2025), the Second Circuit considered a petition that sought discovery for use in a contemplated suit in the English courts that would bring fraud claims against a non-party real estate development group whose deal with petitioner had fallen through. The proposed investment involved an exclusive agreement with petitioner which provided, in part, that the courts of England and Wales would have exclusive jurisdiction in relation to any dispute arising out of or