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

21 ene 2025

2 minutes read

Attorney Spotlight – Get to Know Miguel E. Del Rivero

1. What inspired you to pursue a law career? At my core, I have a passion for helping others, & at an early age I began to view the law […]

13 ene 2025

2 minutes read

Miguel E. Del Rivero Joins Sequor Law, Strengthening the Firm’s International Commercial Litigation and Asset Recovery Practice

Sequor Law, a distinguished international law firm specializing in international litigation, asset recovery, representing victims of.

3 dic 2024

3 minutes read

Attorney Spotlight – Get to Know Robert B. Kearney

1. What inspired you to pursue a law career? My dad was a small-town doctor. It was really important to him to help people in his community.

19 nov 2024

2 minutes read

Sequor Law Welcomes Attorney Robert B. Kearney to Its Washington, D.C. Office

Sequor Law, a distinguished international law firm specializing in international litigation, asset recovery, representing victims of.

bottom of page