Whether 28 U.S.C. § 1782(a), which permits litigants to invoke the authority of United States courts to render assistance in gathering evidence for use in “a foreign or international tribunal,” encompasses private commercial arbitral tribunals, as the U.S. Courts of Appeals for the Fourth and Sixth Circuits have held, or excludes such tribunals, as the U.S. Courts of Appeals for the Second, Fifth, and Seventh Circuits have held.
Supreme Court unanimously holds that only a governmental or intergovernmental adjudicative body constitutes a “foreign or international tribunal” under 28 U.S.C. §1782
June 13, 2022
Click here to view the opinion.
U.S. Chamber files coalition amicus brief urging Supreme Court review and arguing that section 1782 discovery is not available in private international commercial arbitration
January 31, 2022
Click here to view the coalition amicus brief. Peter B. Rutledge and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
- U.S. Chamber Coalition Amicus Brief -- ZF Automotive US, Inc. v. Luxshare, Ltd. (Supreme Court).pdf
- Opinion -- ZF Automotive US, Inc. v. Luxshare, Ltd. (Supreme Court).pdf