Do ‘Foreign Tribunals’ Include Arbitration Panels?

May 31, 2010 Author: C. Mark Baker


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The proponents of American exceptionalism may well delight in an increasingly popular provision of U.S. federal law: 28 U.S.C. 1782, which allows parties to seek discovery in federal court for use in legal proceedings before “foreign or international tribunal(s).” Provisions like this do not abound around the world, and foreign and even U.S. parties may even be unaware that this one exists.