Consorcio Ecuatoriano De Telecomunicaciones v. JAS Forwarding (USA)

685 F.3d 987 (2012)

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Consorcio Ecuatoriano De Telecomunicaciones v. JAS Forwarding (USA)

United States Court of Appeals for the Eleventh Circuit
685 F.3d 987 (2012)

EP

Facts

Consorcio Ecuatoriano de Telecomunicaciones S.A. (Consorcio) (plaintiff) contracted with Jet Air Service Ecuador S.A. (JASE) (defendant) for logistic services related to Consorcio’s cell phone shipments. The rates charged by JASE were determined by weight. The agreement included an arbitration provision for disputes to be resolved by arbitration in Ecuador by the Center for Arbitration and Conciliation of the Guayaquil Chamber of Commerce. Consorcio believed that JASE was improperly calculating weights and overcharging Consorcio and filed an application under 28 U.S.C. § 1782 seeking invoicing information from JASE Forwarding (USA), Inc. (JAS) (defendant), JASE’s invoicing company in Miami, Florida. The district court granted the application, and Consorcio subpoenaed the records. JASE intervened, seeking to vacate the order through a motion to quash. JASE’s motion and motion for reconsideration were denied, and JASE appealed. JASE argued that the evidence sought was not related to a foreign-tribunal proceeding as required by § 1782 and was unduly intrusive because it sought confidential proprietary information.

Rule of Law

Issue

Holding and Reasoning (Marcus, J.)

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