Will the U.S. Supreme Court Allow Discovery in Private International Arbitrations?

By Russ Bleemer

Under federal circuit court case law, 28 U.S.C. §1782(a) did not include private international arbitration tribunals under its provisions for ““Assistance to foreign and international tribunals and to litigants before such tribunals.”

In other words, “foreign and international tribunals” didn’t include arbitrations.

Suddenly, last fall, that court view began to change, and an esoteric and once-sedentary point of law is facing upheaval. 

In an article in the new July/August issue of Alternatives, and in the video above, John B. Pinney of Graydon in Cincinnati explains how seemingly settled law has erupted into six federal circuit court cases, and is about to be put before the justices of the U.S. Supreme Court on a cert petition.

Will the nation’s top Court take up the matter?

John ties together the cases and sets out the prospects on whether the Court will decide to incorporate arbitral tribunals into the §1782 definition in his just-posted article, “Will the Supreme Court Take Up Allowing Discovery Under Section 1782 for Private International Arbitrations?” 38 Alternatives 103 (available in multiple formats at https://bit.ly/2ZwUt8N; see altnewsletter.com for full issues and archives).

He also discusses in the video and the article the practice implications—what arbitrators, arbitration users, and providers need to do now in the wake of the evolving caselaw.

* * *

The author edits Alternatives to the High Cost of Litigation, on publisher CPR Institute’s website here, and on the Wiley Online Library at altnewsletter.com.

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