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

7 oct 2021

3 minutes read

Attorney Spotlight: Fernando J. Menendez Jr.

On this month’s Attorney Spotlight, we interviewed Sequor Law Shareholder, Fernando J. Menendez, who provided his insights on the legal.

7 oct 2021

1 minute read

Christopher A. Noel to Speak at the 27th USMBA Annual Conference

To attend the International Family Law Trends Panel or any of the other panels at the Zoom Back to the Future: A New Era of US-Mexico.

14 sept 2021

1 minute read

Virtual September CLE Luncheon

Daniel Coyle and Juan Mendoza of Sequor Law, along with colleagues Edward Comey-Law Clerk to Hon. Michael Williamson, Lucianna Lima-Duarte.

13 sept 2021

1 minute read

Sequor At IWIRC Brazil

Sequor Law Shareholder Leyza B. Florin participated as a speaker in the 3rd International Insolvency Congress at IWIRC Brazil on September.

bottom of page