Alternative Dispute Resolution
I. Alternative Dispute Resolution
This report addresses whether 28 U.S.C. § 1782(a)permits “any interested person” to apply to an appropriate United States district court to request discovery in a contemplated or pending private arbitration conducted by a “foreign or international tribunal.” This past year, a circuit split developed between the Second and Fifth Circuits, which have held since 1999 that such discovery was not available, and the Fourth and Sixth Circuits, which have recently held that § 1782(a) permits such discovery.