Abstract
Section 1782 authorizes the use of U.S. style discovery in aid of foreign proceedings. This statute has only been substantively analyzed by the U.S. Supreme Court in Intel. Though this case provided guidance on and clarified key issues regarding the application of 1782; it also gave rise to questions regarding its application to foreign arbitral proceedings. The recent flood of cases dealing with this issue have come to different conclusions as to its scope and application, with some courts finding that private foreign arbitrations are categorically outside of the scope of the statute and others authorizing its use in both private and investor-state foreign arbitrations. This Note focuses on this circuit split, looking to both the Court's approach in Intel as well as the approaches and arguments accepted by the lower courts on either side of the circuit split in order to predict how this issue may be resolved by the U.S. Supreme Court, which has very recently granted certiorari to resolve this issue.
Recommended Citation
Sanchez, Maria Castro
(2020)
"Are Private Arbitral Panels Tribunals Under § 1782?: Analysis of Case Law and Interpretative Approaches,"
Florida Journal of International Law: Vol. 32:
Iss.
2, Article 4.
Available at:
https://scholarship.law.ufl.edu/fjil/vol32/iss2/4