US Supreme Court on Discovery: private international arbitrations do not qualify as foreign or international tribunals under Section 1782 of the U.S. Code

On 13 June 2022 a long-awaited ruling of the U.S. Supreme Court decided that private adjudicatory bodies do not count as “foreign or international tribunals” under Section 1782 of the U.S. Code, not even where a sovereign is a party.

The U.S. Supreme Court ruled that the test to be carried out is whether the arbitral panel is imbued with “governmental authority” or not.

Our International Arbitration Focus Team summarizes the basic points of the reasoning of the U.S. Supreme Court in the document available here.