October 19, 2011 Articles

When Is Arbitration a Tribunal under 28 U.S.C. § 1782?

By Jonathan Straw

Persons with interests in foreign or international tribunals are not solely at the mercy of the foreign proceeding's discovery devices. Generally, 28 U.S.C. § 1782 provides a discovery mechanism for use by persons with interests in foreign or international tribunals.

This article will discuss the statutory requirements and renewed interest among the district courts in § 1782 because it was most recently interpreted by the Supreme Court in 2004. Thereafter, this article will discuss the application of § 1782 in arbitration matters by highlighting the differences among various district court opinions, particularly in the Second and Fifth Circuits' disagreement over whether and to what extent § 1782 applies to private arbitrations.

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