The Second Circuit Confirms Its Precedent Denying § 1782 Discovery in Private International Commercial Arbitration, Maintaining Conflict Among Circuits

Posted by Marc R. Labgold, Ph.D. | Jul 15, 2020 | 0 Comments

The Court of Appeals for the Second Circuit addressed two questions concerning international commercial arbitration: (1) whether private international commercial arbitrations are proceedings for which § 1782 may be invoked and, if not, (2) whether CIETAC arbitration is a private arbitration, and therefore outside the scope of 28 U.S.C § 1782. The Court confirmed its precedent holding §1782 cannot be invoked in private international commercial arbitrations, and concluded that CIETAC arbitration is a private arbitration, thereby foreclosing relief under § 1782.

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