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U.S. Supreme Court,
Civil Litigation,
Alternative Dispute Resolution

May 28, 2021

Case to resolve split on stateside discovery for foreign arbitration

Under 28 U.S.C. Section 1782(a), a federal district court can order a resident of its district to testify or produce documents for “use in a proceeding in a foreign or international tribunal.” Does that authority apply to private arbitration proceedings abroad?

Gary A. Watt

Partner
Hanson Bridgett LLP

State Bar Approved, Certified Appellate Specialist

Email: gwatt@hansonbridgett.com

Gary chairs Hanson Bridgett's Appellate Practice. He is a State Bar-approved, certified appellate specialist. In addition to writs and appeals, his practice includes anti-SLAPP and post-trial motions as well as trial and appellate consulting. His blog posts can be read at www.appellateinsight.com.

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Patrick Burns

Partner
Hanson Bridgett LLP

Email: pburns@hansonbridgett.com

Patrick is a partner in the firm's Appellate Practice. Patrick focuses on writs and appeals, as well as law and motion in the state and federal courts. A former litigator at a global law firm, Patrick has experience litigating high-stakes disputes. He can be reached at pburns@hansonbridgett.com and his blog posts can be read at www.appellateinsight.com.

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Case to resolve split on stateside discovery for foreign arbitration
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ARBITRATION ANGLE

Under 28 U.S.C. Section 1782(a), a federal district court can order a resident of its district to testify or produce documents for "use in a proceeding in a foreign or international tribunal." Does that authority apply to private arbitration proceedings abroad?

The U.S. Supreme Court will answer that question in Servotronics, Inc. v. Rolls-Royce PLC, 975 F.3d 689, 692 (7th Cir. 202...

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