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Servotronics And The U.S. Supreme Court: Is An Answer To The Circuit Split On § 1782 Requests For Private International Commercial Arbitration On The Horizon? - Litigation, Mediation & Arbitration

Introduction
Parties to private international commercial arbitrations outside
of the United States occasionally need help when it comes to
evidence production in their arbitral proceedings. One tool to help
these parties, particularly if such documents, materials, or
individuals sought for deposition are located in the United States,
has been § 1782 actions in U.S. courts. To date, there has
been a circuit split among courts in the United States as to
whether a private international arbitration falls
within the scope of § 1782(a) to allow for parties to such an
arbitration to utilize § 1782 actions. However, that may all
change soon, as the U.S. Supreme Court has granted cert to hear a ....

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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 arbitrations seeking to rely upon 28 U.S.C. § 1782 to obtain documents or evidence in the possession, custody or control of a U.S. entity face a tumultuous landscape. The deepening circuit split on the question of whether international commercial arbitral tribunals are “foreign or international tribunals” for the purposes of 28 U.S.C. § 1782(a) makes the issue ripe for U.S. Supreme Co ....

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

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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 to the definition of a “foreign or international tribunal.” The Fourth and Sixth Circuits read the definition broadly finding Section 1782 does authorize U.S. discovery for private international arbitrations. [3] However, the Second, Fifth, and Seventh Circuits narrowly interpret the definition, holding the opposite. [4][5] For additional information regarding the circui ....

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