28 USC § 1782 - The Lingering Uncertainty as to Whether International Arbitration Constitutes a Foreign or International Tribunal under the Statute - Joseph Hage Aaronson

Commercial Litigation and Arbitration

Commercial Litigation and Arbitration

28 USC § 1782 — The Lingering Uncertainty as to Whether International Arbitration Constitutes a Foreign or International Tribunal under the Statute

GEA Group AG v. Flex-N-Gate Corp., 740 F.3d 411, 419 (7th Cir. 2014):

GEA must have known that Flex-N-Gate could have asked the district judge to provide evidence to "a foreign or international tribunal," as district judges are authorized to do by 28 U.S.C. § 1782.... The German panel conducting the arbitration between GEA and Flex-N-Gate might be considered such a tribunal. See Consorcio Ecuatoriano de Telecomunicaciones S.A. v. JAS Forwarding (USA), Inc., 685 F.3d 987, 997-98 (11th Cir. 2012). (Or might not—the applicability of section 1782 to evidence sought for use in a foreign arbitration proceeding is uncertain. See S.I. Strong, "Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration," 1 Stan. J. Complex Litig. 295 (2013).)

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