U.S. Supreme Court to Resolve Circuit Split on Use of Section 1782 in International Commercial Arbitration

March 22, 2021

The U.S. Supreme Court has granted certiorari to address a circuit split regarding whether an evidence-collection statute, 28 U.S.C. § 1782, permits recourse to the U.S. courts for discovery for use in international commercial arbitration.

There has been significant uncertainty on this issue for well over a decade, resulting in conflicting rulings from multiple courts of appeals, and the Court’s decision should provide much needed guidance for arbitration users and practitioners alike.

For further analysis on the use of 28 U.S. § 1782(a) to obtain discovery in foreign proceedings through U.S. courts, please see our Alert Memos on this topic below: