High Court Int'l Discovery Case Fits Mootness Exception

By Linda Martin, Scott Eisman and Paige von Mehren (April 2, 2021, 5:07 PM EDT) -- For the first time in 17 years, the U.S. Supreme Court will consider the scope of discovery permitted under Title 28 of the U.S. Code, Section 1782.

The issue before the Supreme Court is whether Section 1782 — which allows a federal court to order discovery "for use in a proceeding in a foreign or international tribunal" — extends to international commercial arbitrations.

In the case that the Supreme Court has agreed to review, Servotronics Inc., a manufacturer of valves used in airplane engines, invoked Section 1782 to request discovery for use in an international commercial arbitration with Rolls-Royce PLC taking...

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