3rd Circ. Could Select Middle Path On Foreign Discovery Law

Law360 (November 20, 2020, 2:58 PM EST) -- The federal statute Title 28 of the U.S. Code, Section 1782 is a useful tool for participants in foreign legal proceedings. Under it, any interested person may apply to a U.S. district court for an order directing someone who resides or is found in the district to produce discovery "for use in a proceeding in a foreign or international tribunal."[1]

But the federal circuit courts have split on the question of whether a private arbitration is a proceeding in a foreign or international tribunal within the meaning of the statute.

The U.S. Courts of Appeals for the Second, Fifth and Seventh...

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