Will the Supreme Court Take Up Allowing Discovery Under Section 1782 for Private International Arbitrations?. Issue 7 (30th June 2020)

• Record Type: Journal Article
• Authors: Pinney, John B.
• Is Part Of: Alternatives to the high cost of litigation. Volume 38:Issue 7(2020)
• Page Start: 103
• Page End: 106
• Publication Date: 2020-06-30
• Subjects: Actions and defenses -- Periodicals; Dispute resolution (Law) -- United States -- Periodicals; 347.09
• DOI: 10.1002/alt.21848
• Languages: English
• ISSNs: 1549-4373

Abstract

Abstract : 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.