Jenner & Block

Client Alert: Supreme Court to Decide Whether US Courts Can Assist Discovery in Private International Commercial Arbitrations

The Supreme Court agreed last week to consider whether a federal statute allowing courts to assist “foreign or international tribunal[s]” gather evidence applies to private commercial arbitral tribunals, or whether it merely concerns state-sponsored arbitral bodies. This decision will resolve a long-running question about the extent to which 28 U.S.C. § 1782(a) can bring US courts into private foreign disputes.

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