District Court Holds That a Tribunal in an ICSID Arbitration is Not “A Foreign or International Tribunal” Under 28 U.S.C. § 1782 and Therefore Discovery May Not Be Sought in Aid of Such an Arbitration

Alpene, Ltd., a Hong Kong corporation, was the claimant in an investor-state treaty arbitration against the Republic of Malta before the World Bank’s International Centre for the Settlement of Investment Disputes (“ICSID”).

Alpene initiated a proceeding in district court in New York requesting an order authorizing subpoenas for documents and testimony from an individual residing in New York in connection with the ICSID arbitration. Alpene based its request on 28 U.S.C. § 1782, which authorizes federal courts to order U.S. persons to provide documents and testimony “for use in a proceeding in a foreign or international tribunal…

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