News & Analysis as of

28 U.S.C. § 1782 Federal Arbitration Act

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Rules That § 1782 Does Not Apply to Private Arbitrations

On June 13, 2022, the Supreme Court issued its highly anticipated decision on the issue of whether 28 U.S.C. § 1782 permits district courts to order discovery for use in international commercial arbitration or ad hoc...more

Robinson & Cole LLP

Supreme Court Limits Section 1782 Discovery in International Arbitrations

Robinson & Cole LLP on

This is the third in a series of Legal Updates about international discovery and cross-border litigation. Robinson+Cole has broad experience representing international clients and their U.S. subsidiaries in both domestic and...more

Bracewell LLP

Supreme Court Resolves Circuit Split Over 28 U.S.C. § 1782

Bracewell LLP on

On Monday, the Supreme Court resolved a circuit split and issued a long-awaited decision holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade,...more

King & Spalding

US Supreme Court Rules Section 1782 Discovery is Unavailable for Use in Private Foreign Commercial Arbitrations and Certain...

King & Spalding on

On June 13, 2022, in a unanimous consolidated decision authored by Justice Amy Coney Barrett, the U.S. Supreme Court ruled that the scope of 28 U.S.C. § 1782(a) (Section 1782), which authorizes federal courts to order...more

Miller Canfield

United States Supreme Court Restricts Availability of U.S. Discovery in Support of International Arbitration

Miller Canfield on

Parties involved in litigation outside the U.S. have long had a useful information-gathering tool at their disposal: a U.S. statute allowing them to obtain by court order testimony and documents from persons located in the...more

Cranfill Sumner LLP

Round 2! U.S. Supreme Court Has Heard the Arguments on Section 1782 – Discovering the Issues With Discovery in International...

Cranfill Sumner LLP on

The Supreme Court is (once again) slated to decide the issue of whether a private commercial arbitral panel constitutes a “foreign or international tribunal” under 28 U.S.C. § 1782, in the matter of ZF Automotive US, Inc.,...more

Akin Gump Strauss Hauer & Feld LLP

Conflicting Decisions Under 28 U.S.C. § 1782: How Should International Commercial Arbitration Deal With the Shifting Landscape?

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....more

Carlton Fields

Seventh Circuit Adds to Circuit Split, Holds Section 1782 Does Not Authorize Federal Courts to Compel Discovery for Use in Private...

Carlton Fields on

On a question of first impression in the Seventh Circuit regarding whether U.S. law allows federal courts to compel discovery for use in a private foreign arbitration, the Seventh Circuit joins the Second and Fifth Circuits...more

Mintz - Arbitration, Mediation, ADR...

Into the Fray: Seventh Circuit Holds That Foreign and International Commercial Arbitrations Do Not Receive U.S. Judicial...

The Seventh Circuit is the latest Court of Appeals to enter the fray concerning the scope of application of 28 U.S.C. §1782(a), finding additional reasons to hold that a foreign or international commercial arbitration is not...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Circuit Rulings Complicate Key International Arbitration Decisions

In regard to 28 U.S.C. § 1782(a), U.S. circuit courts split on what qualifies as a “foreign or international tribunal.” The breadth of U.S. discovery in foreign international arbitrations pursuant to 28 U.S.C. § 1782(a)...more

King & Spalding

Fourth Circuit Allows Discovery in Support of Private Arbitration

King & Spalding on

On March 30, 2020, the United States Court of Appeals for the Fourth Circuit ruled in Servotronics Inc. v. Boeing Co., 954 F.3d 209 (4th Cir. 2020) that U.S. federal courts may order parties to produce documents and testimony...more

Mintz - Arbitration, Mediation, ADR...

Momentum Building for Applicability of 28 U.S.C. §1782(a) to Obtain Discovery for Use in Foreign or International Private...

In 1948, the United States first promulgated a unique statutory mechanism by which, via its 1964 amendment, an interested person could receive judicial assistance in obtaining evidence in the U.S. for “use in a proceeding in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America - ...

US Supreme Court Issues Trio of Arbitration Decisions - During its 2018-19 term, the U.S. Supreme Court issued decisions in three cases involving arbitration matters. These decisions, discussed further in our September 26,...more

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