There Should Be an Answer to § 1782(a) – As to Whether Its Scope Includes Private Arbitral Tribunals

Posted: 15 Sep 2016

Date Written: September 14, 2016

Abstract

USC § 1782 grants standing to “a foreign or international tribunal” to obtain an order from a US federal district court compelling the production of evidence from uncooperative parties. Whether this provision extends to private arbitral tribunals has been the subject of controversy, with both sides of the argument pointing to the plain meaning of the term, the legislative history of § 1782, and principles of international arbitration in order to reach opposite conclusions. Federal courts, too, have reached different conclusions on the issue since 2004. While it is the author’s opinion that private arbitral tribunals are likely not within the scope of § 1782, this article highlights the need for a clear answer to the question in the face of ambiguous evidence, and provides avenues to finally settle the issue.

Suggested Citation

Sassine, Giorgio, There Should Be an Answer to § 1782(a) – As to Whether Its Scope Includes Private Arbitral Tribunals (September 14, 2016). McGill Journal of Dispute Resolution, Vol. 3, No. 1, 2016, Available at SSRN: https://ssrn.com/abstract=2839054

Giorgio Sassine (Contact Author)

Stockholm University ( email )

Universitetsvägen 10
Stockholm, Stockholm SE-106 91
Sweden

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
161
PlumX Metrics