Court Opens Third Party's Files To Aid Private International Arbitration
Client Alert | 1 min read | 01.04.07
Crowell & Moring won a precedent setting victory on December 19, when the U.S. District Court for the Northern District of Georgia held in In re Roz Trading Ltd., No. 1:06-cv-02305-WSD, that a private arbitral panel qualified as a "tribunal" under 28 U.S.C. § 1782 thus permitting Roz to obtain documents from Coca-Cola in an international arbitration pending before the Vienna International Arbitral Centre against Uzbekistan and others. The court relied heavily on the Supreme Court's rationale in Intel Corp v. Advanced Micro Devices, 542 U.S. 241 (2004) to reject application of two prior Court of Appeals (2nd and 5th Circuits) decisions that had held Section 1782 did not apply to private arbitration, thus opening the door for government contractors who find themselves in arbitrated disputes with their foreign government customers and in need of discovery from entities located in the United States.
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On August 19, 2025, the U.S. Senate Committee on Finance (“Senate Finance Committee”) sent Paul Atkins, Chairman, U.S. Securities and Exchange Commission (“SEC”) a letter calling on the SEC to investigate White River Energy Corp (“White River”). In the letter, the Senate Finance Committee confirmed a criminal investigation into White River related to the sale of so-called “tribal tax credits” that according to both Congress and the IRS, do not exist. The letter further states that White River allegedly earned millions of dollars selling these credits and has not been forthcoming with investors regarding the existence of the criminal investigation. According to the Senate Finance Committee, White River has failed to file financial disclosure documents with the SEC since March 15, 2024, missing six consecutive reporting periods. The letter instructs White River to disclose the existence of the DOJ criminal tax investigation, and calls on the SEC to take action if White River fails to do so.
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