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.

The text provides that "[t]he district court of the district in which a person resides or is found may order him to give his testimony
or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal." The statute does not define...

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