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Will the Supreme Court Take Up Allowing Discovery Under Section 1782 for Private International Arbitrations?
Author(s) -
Pinney John B.
Publication year - 2020
Publication title -
alternatives to the high cost of litigation
Language(s) - English
Resource type - Journals
eISSN - 1549-4381
pISSN - 1549-4373
DOI - 10.1002/alt.21848
Subject(s) - tribunal , law , supreme court , arbitration , section (typography) , political science , international arbitration , conflict of laws , business , advertising
Twenty‐one years ago, both the Second and Fifth U.S Circuit Courts of Appeals decided that the phrase “foreign and international tribunal” in 28 U.S.C. §1782(a) did not include private international arbitration tribunals. Consequently, these cases held that U.S. District Courts could not provide judicial assistance in obtaining evidence for use in private international arbitrations.