SCOTUS Grants Certiorari in Section 1782 Discovery Case | ZFZ Postcard Cases

Whether a US federal court can order discovery in support of a private commercial arbitration abroad has been a matter of contention in the past.

Several circuit courts have recently positioned themselves on the topic. The issue is primarily concerned with arbitration proceedings before private bodies and whether those are encompassed in the statutory scope of Section 1782, i.e., whether private commercial arbitration proceedings meet the “foreign tribunal” element of the statute.

In its March 19, 2021 conference last Friday, the U.S. Supreme Court has now decided to pick up this issue and grant cert. in a case brought by parts manufacturer Servotronics Inc., the party challenging the Seventh Circuit’s September decision that rejected its application under 28 U.S.C. 1782 to take discovery from Boeing based on an arbitration brought by Rolls-Royce PLC in London.

We will eagerly keep a close eye on developments in this matter. Servotronics Inc. v. Rolls-Royce PLC, Case no. 20-794, OT 2021.

Read more on this decision here.

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