In re Application of Venequip, S.A. v. Caterpillar, Inc.

Dist. Ct. did not err in denying petitioner’s application under 28 USC section 1782(a) seeking broad discovery from respondent in petitioner’s lawsuit against respondent filed in Switzerland regarding respondent’s termination of dealership that covered sales of respondent’s products in Venezuela. Agreements between parties contained forum selection clause that required that litigation take place in Switzerland under Swiss law. Dist. Ct. could properly deny instant application under factors set forth in Intel Corp., 542 U.S. 241, where: (1) instant sophisticated parties made contractual choice to litigate disputes in Switzerland; (2) petitioner made broad requests for discovery in instant application under circumstances where Swiss court would likely view wholesale importation of U.S. discovery with degree of skepticism; (3) respondent agreed to provide discovery in Swiss court; and (4) parties essentially agreed to resolve their disputes in Swiss court with its more circumscribed discovery procedures.