About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2021 U. Chi. L. Rev. Online 1 (2021)
All Roads Lead to Guo: The Case for in re Guo's (2d Cir. 2020) Resolutions of the Sec. 1782 Circuit Split

handle is hein.journals/uchidial89 and id is 225 raw text is: 08/09/21 U. Chi. L. Rev. Online *1 ALL ROADS LEAD TO GUO: THE CASE FOR INRE GUO'S (2D CIR. 2020) RESOLUTION OF THE § 1782 CIRCUIT SPLIT Reagan W. Kapp Over the past few decades, commercial arbitration-including private international arbitration-has steadily increased as a means of dispute resolution. According to statistical data gathered by the International Chamber of Commerce, which tracks thirteen major arbitral bodies across the globe, the number of commercial arbitration cases rose by ro uth _y60_% from 2012 to 2019 alone. In an increasingly globalized economy rife with sophisticated corporate actors, many parties opt for arbitration clauses in international contracts. For example, Julian N yarlko's study of over half a million international contracts (in which one party is the United States or has close ties with the United States) found that 25% included an arbitration clause. Courts and attorneys hail the salutary effects of arbitration for international business. Over time, private arbitral bodies even seem to be achieving greater -ains in the efficiency of the duration of proceedings. Not only has international arbitration increased, but so has globalization in general. DHL, an international courier, has teamed up with NYU's Stern School of Business to produce the Global Connectedness Index, reporting that the world is still more connected than at almost any previous point in history, judging by flows of capital, trade, information, and people. In a world where more people and goods are crossing international boundaries, it seems natural that the U.S. Congress would take a vested interest in comity among countries. Beginning decades ago, this changing global landscape spurred legislation. In 1964, amidst the start of the Information Age-incidentally the same year that communications satellites enabled the Tokyo Summer Olympics to be viewed contemporaneously in the United States for the first time-Congress passed a revised version of 28 U SC. 1782 aim foreign relations. While the old § 1782 had provided limited evidence-gathering assistance to judicial proceedings in certain foreign courts, the revised version extended the possibility of obtaining such assistance to foreign bodies beyond traditional courts. The legislation has its oriins in the recommendations of the Commission on International Rules of Judicial Procedure, a group Congress founded in 1958 to study judicial assistance and cooperation between the United States and other nations with an eye towards suggesting procedural improvements. Enter the new-and-improved § 1782, which states in part:

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most