Second Circuit Confirms 28 U.S.C. § 1782 Discovery for Investor-State Arbitration

On July 15, 2021, the Second Circuit reinforced the availability of § 1782 discovery to most investor-state arbitrations. In The Application of the Fund for Protection of Investor Rights, the court held that an investment arbitration, unlike a private commercial arbitration, can serve as the basis for § 1782 relief, even though the investment arbitration in question is not governmentally funded, is confidential, and the arbitrators are private individuals……

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