28 U.S.C. § 1782 authorizes federal judges to grant assistance to a “foreign or international tribunal” for discovery proceedings. The meaning of the term “foreign or international tribunal” has been the subject of much dispute. In 2019 the Sixth Circuit became the first court of appeals to extend the purview of the statute to private commercial arbitration, creating a circuit split. However, the use of 28 U.S.C. § 1782 in arbitral proceedings raises a number of questions about whether U.S. style discovery would impede the efficiency of arbitration and whether the practice could be extended to international tribunals located within the United States. This Note explores the contours of the statute and the implications of the Sixth Circuit’s decision.
The Power of Two Words to Split Circuits,
75 U. MIA L. Rev.
Available at: https://repository.law.miami.edu/umlr/vol75/iss4/17