Second Circuit Reaffirms That Section 1782 Discovery Is Not Available In Aid of Private International Arbitration, Deepening Circuit Split
By EsqSocial Corporation 16/10/20
In July 2020, in In re Guo,1 the U.S. Court of Appeals for the Second Circuit reaffirmed that in the Second Circuit, a party may not use 28 U.S.C. ยง 1782 (Section 1782) to obtain documents or other discovery for use in a foreign private international commercial arbitration. This decision further deepens a circuit split on this issue and increases the likelihood that the U.S. Supreme Court will ultimately weigh in on the scope of Section 1782 in the future....
By: K&L Gates LLP