Section 1782 Discovery in Private International Arbitration Shut Down by Supreme Court

June 15, 2022 —

The Supreme Court leveled a blow to the use of U.S. discovery in private overseas arbitration this week. In a unanimous opinion drafted by Justice Amy Coney Barrett, the Supreme Court ruled that the use of U.S. discovery in international arbitration cases can only extend to “governmental” or “intergovernmental” adjudicative bodies.

The decision hinges on a particular reading of Section 1782 of US code, namely what counts as a “foreign or international tribunal.” The Supreme Court sided against a broader interpretation of the statute, arguing that a “foreign tribunal” refers to a governmental body such as a court, rather than private arbitrators, and that an “international tribunal” refers to a body empowered by two or more governments to adjudicate disputes.

To read more about the decision, including background, facts of the case, and jurisprudential context, click here and here.

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