top of page
Logotipo de la Ley de Bebidas Alcohólicas

US Supreme Court Rules on Use of Section 1782 in Support of Arbitration Proceedings

white-background.png

8 de julio de 2022

1 minute read

sequor-logo-newsletter.png

Sequor Law

News graphic showing world map and headline about U.S. Supreme Court decision limiting Section 1782 discovery in international arbitration.

In a unanimous decision, the U.S. Supreme Court held that two arbitration tribunals—one private and one investor-state—did not constitute “foreign or international tribunal[s]” under 28 U.S.C. § 1782. The statute is widely used by litigants to obtain discovery “for use in a proceeding in a foreign or international tribunal.” The decision came after years with a split among the Courts of Appeals on the issue, particularly in the area of international private arbitration.


In its 17-page decision, the Court analyzed the language of the statute and its history noting that § 1782’s purpose is comity. The Court reasoned that a broad reading of §1782 “would open district court doors to any interested person seeking assistance for proceedings before any private adjudicative body—a category broad enough to include everything from a commercial arbitration panel to a university’s student disciplinary tribunal.” Opting for a narrower construction, the Court held that “only governmental or intergovernmental adjudicative bodies constitute a ‘foreign or international tribunal’ under § 1782”, adding that, “[s]uch bodies are those that exercise governmental authority conferred by one nation or multiple nations.”


More on the decision can be found here.

Últimas Noticias & Perspectivas

26 jun 2023

1 minute read

Various Attorneys Recognized by SuperLawyers 2023

Sequor Law is proud to announce that six attorneys have been recognized in the 2023 edition of SuperLawyers

6 jun 2023

2 minutes read

Attorney Spotlight: Joseph Rome

Attorney Joseph Rome shared his insights and advice as an accomplished legal professional in this month’s Attorney Spotlight.

31 may 2023

4 minutes read

Sequor Law Strengthens Legal Team with the Addition of Three Accomplished Attorneys

Sequor Law, a prestigious boutique law firm specializing in international litigation, asset recovery, financial fraud, and insolvency.

19 ene 2023

1 minute read

Joseph B. Rome Wins ThoughtLeaders4 FIRE Essay Competition

Congratulations to our very own Joseph B. Rome who was selected by ThoughtLeaders4 FIRE as the winner of its 2nd Edition of the Future.

bottom of page