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:
- Circuit Split Intensifies Over Use of 28 U.S.C. § 1782 to Obtain Discovery for Use in Private International Arbitration (July 2020)
- U.S. District Court Denies Section 1782 Discovery for Use in DIS Arbitration, Highlighting Deepening Circuit Split on Statute’s Applicability to Private Commercial Arbitrations (April 2020)
- Broadening the Scope of 28 U.S.C. § 1782: Trends in Using U.S. Discovery in Foreign Proceedings (October 2019)
- Second Circuit Holds That U.S. Law Firm Need Not Produce Foreign Client’s Documents Pursuant to 28 U.S.C. § 1782 (July 2018)