Originally from Alternatives to the High Cost of Litigation

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In the July–August Alternatives, I posed the question of whether the U.S. Supreme Court would address the issue of allowing discovery under 28 U.S.C. §1782 for private international arbitrations. John B. Pinney, “Will the Supreme Court Take Up Allowing Discovery under Section 1782 for Private International Arbitrations?” 38 Alternatives 103 (July/August 2020) (available at https://bit.ly/2ZwUt8N).

Beginning with the Sixth U.S. Circuit Court of Appeal’s decision in In re Application to Obtain Discovery (Abdul Latif Jameel Transp. Co. Ltd. v. FedEx Corp.), 939 F.3d 710 (6th Cir. 2019) (available at https://bit.ly/2AFPIB9), and then the Fourth Circuit’s decision in Servotronics v. Boeing Co., 954 F.3d 209 (4th Cir. 2020) (available at https://bit.ly/3h7s0P8), two federal appellate courts within the past year have ruled that Section 1782’s phrase “foreign and international tribunals” included private international arbitral tribunals.