U.S. Supreme Court,
Civil Litigation,
Alternative Dispute Resolution
Mar. 8, 2022
Supreme Court to consider international arbitration discovery
The question raised in the case is whether 28 U.S.C, Section 1782, and its use of the word tribunal, includes arbitral tribunals hearing commercial cases that don’t involve sovereign parties
A key issue to international arbitration is the ability of parties - government or private industry - to seek discovery. But a somewhat nebulous definition of tribunal in an existing statute means the U.S. Supreme Court will need to decide later this month whether courts can compel parties to produce evidentiary details in private arbitration.
"It makes sense to allow litigants to have the ability to access certain information, instead of ...
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