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International Arbitration Update: Supreme Court Asked To Resolve Circuit Split Over Discovery In Aid Of Private Commercial Arbitration Seated Outside The United States | Morrison & Foerster LLP - Vimarsana News

International Arbitration Update: Supreme Court Asked To Resolve Circuit Split Over Discovery In Aid Of Private Commercial Arbitration Seated Outside The United States | Morrison & Foerster LLP

To embed, copy and paste the code into your website or blog: On December 7, 2020, Servotronics, Inc. filed a petition for writ of certiorari asking the United States Supreme Court to decide whether parties may seek discovery in the United States for use in commercial arbitration proceedings seated outside the United States under 28 U.S.C. § 1782 (“Section 1782”), a vigorously debated question that has increasingly divided lower courts. Under Section 1782, a petitioner may obtain evidence through U.S. federal district courts for use in a proceeding before a “foreign or international t...

Conflicting Decisions Under 28 U.S.C. § 1782: How Should International Commercial Arbitration Deal With the Shifting Landscape? | Akin Gump Strauss Hauer & Feld LLP - Vimarsana News

Conflicting Decisions Under 28 U.S.C. § 1782: How Should International Commercial Arbitration Deal With the Shifting Landscape? | Akin Gump Strauss Hauer & Feld LLP

Introduction On December 7, 2020, parties and practitioners in international commercial arbitration came one step closer to resolving the threshold question of the applicability of 28 U.S.C. § 1782 to international commercial tribunals. Section 1782 is a distinctive procedural device which potentially allows an applicant who is a party to an international commercial arbitration to petition a U.S. federal district court with competent jurisdiction to order the disclosure of documentary or deposition evidence for use in the foreign arbitration proceeding. Parties to international commercial a...

Supreme Court Asked to Decide Circuit Split on Allowing US Discovery in Private, International Arbitrations | Troutman Pepper - Vimarsana News

Supreme Court Asked to Decide Circuit Split on Allowing US Discovery in Private, International Arbitrations | Troutman Pepper

To embed, copy and paste the code into your website or blog: On December 7, the Supreme Court received a request to decide whether parties in private, commercial, international arbitrations can avail themselves of 28 U.S.C. § 1782(a) (Section 1782) to obtain discovery through U.S. federal courts. [1][2] Section 1782 provides in pertinent part: “The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal…” Circuits split as...