August 21, 2020 Articles

What Is a “Tribunal”? Circuit Courts Disagree

Three circuit courts have reached varying conclusions over the past year on whether the word “tribunal” includes private arbitration panels.

By Sunu M. Pillai

Does a private international arbitration panel qualify as a “foreign or international tribunal” under 28 U.S.C. § 1782(a)? Three circuit courts have now addressed this question within the past year with differing results. The Fourth and Sixth Circuits held that private arbitration panels are “tribunals” under section 1782(a), while the Second Circuit reiterated its prior holding that they are not. 

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