If you have been following any of my other posts on s1782, then you might find this one of interest.
The team at Akin Gump talks about how on December 7th 2020, parties and practitioners in international commercial arbitration came one step closer to resolving the threshold question of the applicability of 28 U.S.C. § 1782 to international commercial tribunals. Take a read of their piece to learn more. I would also recommend scrolling down to the section entitled client considerations in the shifting landscape too as this is some great background.
I have said a great deal on this subject before regarding s1782 where people use US Discovery laws to get data in arbitrations.
For more on U.S.C. § 1782, see my previous posts below:
Outside of the issue to be potentially resolved by the Supreme Court, there is no doubt that parties to international arbitrations are increasingly relying on § 1782 to obtain documents/evidence which might not otherwise have been obtainable in the scope of the arbitration. Indeed, it appears that parties’ increased reliance on § 1782 has led to the recent and deepening circuit split (with more than seven cases relating to the scope of § 1782 before the various circuits in the last three years).