7th Circ. Nixes Doc Bid In UK Engine Fire Arbitration

Law360 (September 22, 2020, 8:47 PM EDT) -- The Seventh Circuit on Tuesday rejected an aerospace parts maker's bid for discovery to use in a $12.8 million U.K. arbitration over an engine fire, adding to an ever-widening circuit split on whether U.S. law allows federal courts to order discovery for private commercial arbitration abroad.

The appeals court panel concluded that the arbitration at issue does not qualify as a "foreign tribunal" under Section 1782 of the U.S. code, which allows federal courts to order entities in their district to turn over evidence to be used in certain foreign proceedings.

In the arbitration, which is proceeding in London under the...

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