Participants in arbitration proceedings held abroad may seek an order in a U.S. court to obtain documents and testimony in the United States for use in that arbitration, pursuant to 28 U.S.C. §1782. Most U.S. courts approve of assistance to participants in arbitrations conducted pursuant to rules agreed to among member states, such as UNCITRAL or NAFTA. When the foreign arbitration proceeding is purely private, however, the result is less clear. Several federal district courts have granted Section 1782 discovery applications for such private arbitrations, while a narrow minority of courts have denied them. The application of Section 1782 and the circumstances under which requests for assistance with private arbitrations are granted remain in flux.
The statute has long authorized discovery assistance to litigants or other “interested persons” in proceedings before foreign and international tribunals and to the tribunals themselves:
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