Supreme Court to Decide Circuit Split over Section 1782: Will U.S. Discovery Creep into Private International Arbitration?
12th April 2021 //
On March 22, 2021, the United States Supreme Court agreed to hear a case involving the issue of whether 28 U.S.C. § 1782 , which allows foreign litigants to subpoena evidence from U.S. parties for use in “foreign or international tribunal” proceedings, not only applies to proceedings before competent courts of foreign countries and international commissions, but also to private international arbitration. This issue has caused a split among the U.S. Circuit Courts, with the Second, Fifth, and Seventh Circuits holding that Section 1782 cannot be used in aid of private foreign arbitration, and the Fourth and Sixth Circuits holding that it can.