28 USCS § 1782 is a US federal statute which permits parties to seek discovery of documents and other items in US federal courts, for use in proceedings based outside of the US. A recent case, Abdul Latif Jameel Transp. Co. v. FedEx Corp, 2019 U.S. App. LEXIS 28348 (“FedEx Corp.”) creates a split, or disagreement, amongst influential Circuit Courts (federal courts of appeal) about whether the statute applies to international arbitrations seated outside of the US.
Last week, the Sixth Circuit Court of Appeals in FedEx Corp. answered in the affirmative, authorizing the use of 28 USCS § 1782 to apply to private international arbitrations seated […]