In December 2021, the Supreme Court granted certiorari in two cases, which it consolidated, presenting the questions whether § 1782 could be invoked in aid of international commercial arbitrations.
Every day, U.S. companies experience a collateral effect of the increasing number of international arbitrations. Parties to these arbitrations are using 28 U.S.C. § 1782 to issue discovery subpoenas.
Under 28 U.S.C. § 1782, a District Court may compel a resident individual or company to provide discovery for use "in a proceeding in a foreign or international tribunal.
On December 10, 2021, the U.S. Supreme Court granted certiorari in two cases to determine whether district courts can compel discovery proceedings in private foreign arbitrations.