Plain-English summary
Court unanimously rules private arbitral panels are not 'foreign or international tribunals' under §1782
The Court decided that 28 U.S.C. §1782, which allows U.S. district courts to order discovery to aid proceedings in a “foreign or international tribunal,” does not cover private international arbitration panels. The judgment from the Sixth Circuit was reversed in a unanimous opinion by Justice Barrett.
Why this matters
The ruling limits a widely used tool for gathering evidence for cross-border disputes. Companies and lawyers can no longer rely on §1782 to compel discovery in U.S. courts for proceedings before private international arbitration panels. That changes strategy in international litigation and arbitration and may make it harder to get U.S.-based evidence in private arbitrations.
Who may feel it
- Companies and parties engaged in private international arbitration
- U.S. and foreign law firms representing parties in cross-border disputes
- Arbitration service providers and arbitration counsel
- U.S. district courts deciding §1782 applications
- Foreign governments and litigants using governmental tribunals (still covered)