- Collection:
- Georgia Law Review
- Title:
- Compelling Evidence in International Commercial Arbitration After the Section 1782 Shutdown: FAA Section 7 as an Alternative Approach
- Creator:
- Bailey, Caroline
- Date of Original:
- 2024-01-31
- Subject:
- University of Georgia. School of Law
Law--Study and teaching
Georgia Law Review Association - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- notes (documents)
- Type:
- Text
- Format:
- application/pdf
- Description:
- The United States Supreme Court’s unanimous decision in the 2022 case ZF Automotive US, Inc. v. Luxshare, Ltd. resolved the long-disputed circuit split regarding the application of Section 1782 of Title 28 of the U.S. Code to international arbitrations. The Court’s ruling that the term “foreign or international tribunal” under Section 1782 includes only governmental or intergovernmental adjudicative bodies ended the use of Section 1782 to compel evidence located in the United States in private adjudicative bodies such as international commercial arbitrations. The Section 1782 shutdown has required arbitrators and parties to international commercial arbitrations to seek alternative legal mechanisms to compel evidence located in the United States. Shortly after the Supreme Court eliminated the use of Section 1782, the United States Court of Appeals for the Ninth Circuit opened the door to an alternative approach in its ruling in Jones Day v. Orrick, Herrington & Sutcliffe, LLP. This Note argues that the Ninth Circuit’s application and broad interpretation of Section 7 of the Federal Arbitration Act provides the framework for a 1782 workaround to compel thirdparty evidence located in the United States in international commercial arbitrations.
FAA -- arbitration -- international arbitration -- international commercial arbitration -- section 1782 -- section 7 -- compel evidence -- subpoena -- Jones Day v. Orrick -- International Trade Law -- Law - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/glr/vol58/iss2/8
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
