Introduction
Parties to private international commercial arbitrations outside
of the United States occasionally need help when it comes to
evidence production in their arbitral proceedings. One tool to help
these parties, particularly if such documents, materials, or
individuals sought for deposition are located in the United States,
has been § 1782 actions in U.S. courts. To date, there has
been a circuit split among courts in the United States as to
whether a "private international arbitration" falls
within the scope of § 1782(a) to allow for parties to such an
arbitration to utilize § 1782 actions. However, that may all
change soon, as the U.S. Supreme Court has granted cert to hear a