John Fellas Section 1782 and Private Arbitrations: SCOTUS To Resolve Split
The Supreme Court has granted certiorari to resolve the question of whether §1782 can be used in private arbitration. This article address three considerations that bear on the question before the Supreme Court that have not received the attention they deserve.
May 17, 2021 at 12:00 PM
13 minute read
On March 22, 2021, the U.S. Supreme Court granted certiorari in Servotronics v. Rolls-Royce PLC in order to resolve a circuit split on the question of whether 28 U.S.C. §1782 can be relied upon to obtain evidence for use in private arbitration proceedings seated outside of the United States. The U.S. Court of Appeals for the Second, Fifth and Seventh Circuits have held it cannot, the Fourth and Sixth Circuits that it can.
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