SCOTUS Limits US Discovery Requests in Foreign Arbitrations

Bracewell’s Rachel Goldman contributed commentary to Westlaw Today on what companies should pay renewed attention to in light of the US Supreme Court’s decision over the scope of Section 1782 of the United States Code.

“Firms and companies should pay renewed attention to the dispute resolution provisions of their contracts, including consideration of whether to add any specificity regarding discovery, and to carefully consider under which arbitral organization or arbitral rules they choose to arbitrate,” stated Goldman.

The high court’s June 13 decision resolved a US circuit court split over the terminology in 28 U.S.C.A. § 1782, the statute that allows litigants of foreign cases to request US court assistance in gathering evidence for use in a “foreign or international tribunal.”

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