When Is A Foreign Tribunal Not A Foreign Tribunal?

Law360, New York (October 14, 2009, 1:38 PM EDT) -- It's starting to look like 1999 all over again.

In August, the Fifth Circuit Court of Appeals reaffirmed a position it staked out 10 years ago — that 28 USC § 1782, the U.S. Code section that authorizes federal district courts to order discovery for use in a foreign proceeding, does not apply to private international arbitrations. See El Paso Corp. v. La Comision Ejecutiva Hidroelectrica del Rio Lempa, 2009 U.S. App. LEXIS 17596 (5th Cir. 2009).

As such, district courts will not have the authority...
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