Title 28, US Code, Section 1782 authorizes an interested person to petition a US federal district court where any person "resides or is found" for an order directing such person to provide documents or testimony for use "in a proceeding in a foreign or international tribunal." 28 U.S.C. § 1782(a).
In In re Application to Obtain Discovery for Use in Foreign Proceedings, No. 19-5315, 2019 WL 4509287 (6th Cir. Sept. 19, 2019), the US Court of Appeals for the Sixth Circuit was called upon to decide if Section 1782 permits US-style discovery for use in a non-US private arbitration (in the case at hand, a Dubai arbitration under the DIFC-LCIA Arbitration Rules).
In doing so, the Sixth Circuit became the first federal appellate court to depart from the interpretation of Section 1782 adopted by the Second and Fifth Circuits. In contrast to its sister Circuits, a unanimous three-judge panel of the Sixth Circuit held that the word "tribunal" in the relevant clause of Section 1782 includes private arbitrations.
This decision could make it easier for parties engaged in non-US arbitrations to obtain discovery from US entities, particularly those that fall within the Sixth Circuit's jurisdictional reach.
To view the full article please click here.
Visit us at mayerbrown.com
Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.
© Copyright 2019. The Mayer Brown Practices. All rights reserved.
This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.