The US Supreme Court has once again granted certiorari in a case directed to the resolving the circuit split on the application of 28 U.S.C. § 1782(a) in international commercial arbitration. The Court was set to address this issue last session in Servotronics, Inc. v. Rolls-Royce PLC (20-274), but the case was resolved before oral argument.
The following questions are presented in the two consolidated cases now before the Court
Docket No. 21-518 (consolidated with 21-401): Whether an ad hoc arbitration to resolve a commercial dispute between two parties is a “foreign or international tribunal” under 28 U.S.C. § 1782(a) where the arbitral panel does not exercise any govern- mental or quasi-governmental authority.
The briefs in 21-401 are available here.
The briefs in 21-518 are available here.
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