Commercial Litigation and Arbitration

28 U.S.C. § 1782 Authorizes Discovery in Aid of Private International Arbitration in Light of Intel

The recently reported opinion In re Application of Operadora DB Mexico, S.A. de C.V., 2009 U.S. Dist. LEXIS 68078 (M.D. Fla. May 28, 2009), collects the caselaw considering whether a private international arbitration panel constitutes a "foreign or international tribunal" under 28 U.S.C. § 1782, in light of the Supreme Court’s opinion in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004). Prior to Intel, the answer consistently was “No.” Now, the answer consistently appears to be “Yes,” which is the holding of Operadora.

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