Section 1782 and Private Arbitrations: SCOTUS to Resolve Split

May 18, 2021

On March 22, 2021, the U.S. Supreme Court granted certiorari in Servotronics v. Rolls-Royce PLC in order to resolve a circuit split on the question of whether 28 U.S.C. §1782 can be relied upon to obtain evidence for use in private arbitration proceedings seated outside of the United States. The U.S. Court of Appeals for the Second, Fifth and Seventh Circuits have held it cannot, the Fourth and Sixth Circuits that it can.