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On December 7, the Supreme Court received a request to decide whether parties in private, commercial, international arbitrations can avail themselves of 28 U.S.C. § 1782(a) (Section 1782) to obtain discovery through U.S. federal courts. [1][2] Section 1782 provides in pertinent part:
“The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a
foreign or international tribunal…”
Circuits split as to the definition of a “foreign or international tribunal.” The Fourth and Sixth Circuits read the definition broadly finding Section 1782 does authorize U.S. discovery for private international arbitrations. [3] However, the Second, Fifth, and Seventh Circuits narrowly interpret the definition, holding the opposite. [4][5] For additional information regarding the circuit split and