The New York Court of Appeals this upcoming Session will address an issue of discovery in Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc.  The appeal concerns a Special Referee's recommendation (1) that the defendant business produce a witness (who lives in Belgium) for a deposition in New York, and (2) that the defendant business produce testimony and documents of a confidential arbitration proceeding in Belgium to which the defendant business is not a party.  The discovery dispute arises out of a declaratory judgment between an insurer and insured (the defendant business) regarding a claim for allegedly stolen diamonds.

Although the facts of the case appear to be fact-specific, the Court's decision on the appeal will no doubt expand on the sparse case law on discovery and deposition, specifically.