top of page
Logo da Sequor Law

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

white-background.png

8 de julho 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 notícias e análises

12 de abr. de 2019

5 minutes read

Inside the scheme that allegedly used fake debt to steal $360 million from investors in Maryland and Virginia

Cameron Jezierski was stoic but offered his attorney a brief smile as proceedings wrapped up at the federal courthouse. This wasn’t where.

27 de mar. de 2019

5 minutes read

Asset recovery column: Recognition of an individual debtor’s insolvency proceeding – beware the perils

Shareholders Edward Davis Jr and Leyza B. Florin, and attorney Juan Mendoza from Sequor Law in Miami discuss the things to watch out for.

22 de mar. de 2019

2 minutes read

German filmmaker’s estate files Florida Chapter 15

Funds in a Florida bank account belonging to the late German filmmaker and Federico Fellini collaborator Gideon Bachmann are at the centre.

11 de mar. de 2019

4 minutes read

FBI has new Miami squad to fight international corruption

For many South Floridians, it’s no secret that the place they call home is a longtime haven for illicit drug money or cash stolen from.

bottom of page