US Discovery in International Arbitration? What a Brazilian Lawyer Must Know about 28 US Code §1782 (online)

Under US federal law, a litigant to a foreign or international tribunal proceeding may apply to an American court to obtain discovery for its use in the non-US proceeding. This year, the Supreme Court will decide whether arbitration is a foreign tribunal for these discovery request purposes. Our distinguished speakers will provide more information on 28 US Code §1782, the potential outcomes of the Supreme Court’s decision, and whether lawyers should and could obtain US discovery for Brazilian arbitrations.

RVSP: https://docs.google.com/forms/d/e/1FAIpQLScfjbh6b5qW6mQtxBVKC3CsxnqV75MPRbYblofU8f3P0oCD5Q/viewform

Zoom link: https://nyu.zoom.us/j/91453218501

SPEAKERS:

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• JOHN FELLAS

John Fellas is a full-time arbitrator at Fellas Arbitration and an adjunct professor at New York University School of Law. He has over three decades of experience in international dispute resolution, and has acted as counsel and has served as co-arbitrator, chair or sole arbitrator in arbitrations all over the world, under all the major arbitration rules, and across a range of sectors. John is recognized as a leading international arbitrator by all the major legal directories including Chambers USA where he is ranked as “one of the best—his reputation is phenomenal and deserved.” He received a B.A. (Hons.) in law from the University of Durham, and both an LL.M. and an S.J.D. from Harvard Law School.

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• MAURICIO GOMM

Mauricio Gomm Santos, FCIArb, serves as counsel, and predominantly as arbitrator in arbitration proceedings before major international providers in the field of commercial contracts in general. He also serves as a mediator. Mr. Gomm Santos is admitted to practice law in Brazil, New York, and, as Foreign Legal Consultant, in Florida. He serves as an expert witness in matters regarding Brazilian law before arbitral tribunals and judicial courts. He holds an LLM. in Private Law at the Federal University of Paraná, Brazil (1985), an LL.M from Queen Mary University of London with a focus on International Commercial Arbitration (1993), and an LL.M from the University of Miami, School of Law in International Comparative Law (2006). Adjunct professor at the University of Miami, School of Law. He served as an international arbitration academic expert in several meetings with Supreme Court Justices in the Americas and the Caribbean, at the request of the Organization of American States.

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• ELIANA BARALDI

Eliana Baraldi holds a Master´s Degree in International Law from University of São Paulo-USP, Brazil. Founding partner of Baraldi Mariani Advogados in São Paulo. Former President of the Brazilian Bar Association Arbitration Chamber-CAMCA (São Paulo Chapter). Member of the International Association of Defense Counsel - IADC. Member of the Arbitration and Mediation Commission of ICC Brazil. More than 25 years of experience as counsel and arbitrator in international and domestic arbitral proceedings, as well as in corporate court litigation.