Statutory Interpretation Foreign Arbitration.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Servotronics, Inc., v. Rolls-Royce PLC, et al.,

Case No.: 19-1847

Officials: SYKES, Chief Judge, and HAMILTON and BRENNAN, Circuit Judges.

Focus: Statutory Interpretation Foreign Arbitration

Section 1782(a) of Title 28 authorizes the district court to order a person within the district to give testimony or produce documents "for use in a proceeding in a foreign or international tribunal." This case asks whether a private foreign arbitration is "a proceeding in a foreign or international tribunal" within the meaning of the statute.

Two decades ago, the Second and Fifth Circuits answered this question "no," holding that 1782(a) authorizes the district court to provide discovery assistance only to state-sponsored foreign tribunals, not private foreign arbitrations. Nat'l Broad. Co. v. Bear Stearns & Co., 165 F.3d 184, 191 (2d Cir. 1999); Republic of Kazakhstan v. Biedermann Int'l, 168 F.3d 880, 883 (5th Cir. 1999).

More recently, the Sixth Circuit reached the opposite conclusion, Abdul Latif Jameel Transp. Co. v. FedEx Corp. (In re Application to Obtain Discovery for Use in Foreign Proceedings), 939 F.3d 710, 714 (6th Cir...