Law360
5/21/2020
Section 1782 of Title 28 of the U.S. Code is a very powerful tool that
authorizes the obtaining of discovery in the U.S. for use in foreign
proceedings, and use of the statute is increasing. Meanwhile,
international arbitration continues to grow as a neutral forum for
resolving international disputes.
At the intersection of these two trends is the important question of
whether Section 1782 can be used to obtain discovery in aid of private,
international arbitration proceedings.