As the U.S. Supreme Court currently considers the issue of whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), the lower courts continue to receive applications for discovery assistance in international arbitration matters. Section 1782(a) authorizes U.S. district courts to provide assistance to foreign or international tribunals by ordering discovery of persons in the district.
On May 10, 2021, the United States District Court for the District of Columbia found that the Dubai International Finance Centre-London Court of International Arbitration (“DIFC-LCIA”) constitutes a “tribunal” within the meaning of Section 1782.
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