Redefining International Arbitration in the United States: The Application of 1782 to International Arbitration Proceedings Located in the United States

Abstract

In many ways, United States courts are still searching for a coherent theory to guide their treatment of arbitral tribunals and their relationship to the country where they are located. In reference to the application of 28 USC 1782, recent cases have shown divergences in the approach. This article analyzes the text of the statute and how it relates to discovery in the United States and the courts treatment of arbitration.

Keywords: Arbitration, Discovery, Tribunal, 1782, Courts