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US Supreme Court excludes private international arbitrations from access to §1782 Discovery

Photo by Jimmy Woo / Unsplash

Are parties to private international arbitrations entitled to discovery assistance from US courts in terms of 28 U.S. Code § 1782?

At face value, § 1782 suggests that they might be. This is because § 1782 permits a district court to order the production of certain evidence “for use in a proceeding in a foreign or international tribunal.”

However, on 13 June 2022, the Supreme Court of the United States in ZF Automotive US Inc v Luxshare Ltd unanimously decided that:

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