top of page
Sequor Law Logo

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

white-background.png

July 8, 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.

Latest News & Insights

May 24, 2022

1 minute read

Thought Leaders 4 Fire: FIRE International Vilamoura, Portugal May 19, 2022

Sequor Law Shareholder Leyza B. Florin was a panelist at ThoughtLeaders4 FIRE International where she participated on the Attack the Sham.

May 23, 2022

5 minutes read

ATTORNEY SPOTLIGHT: Christopher A. Noel

Sequor Law Counsel, Christopher A. Noel, shared his insights on Art Fraud in the legal industry on this month’s Attorney Spotlight.

May 23, 2022

2 minutes read

Service of Process Abroad: No International Agreement?

Serving a defendant outside the United States can quickly become one of the most procedurally complex stages of a case—particularly when.

May 19, 2022

1 minute read

Thought Leaders 4 Fire: FIRE International Vilamoura, Portugal May 19, 2022

Incoming ICC FraudNet Co-Executive Director Rodrigo Callejas with Strategic Partner James Pomeroy and former Executive Director Edward H.

bottom of page