Introduction

In late 2006, two United States federal court decisions bolstered the possibility that parties to an international arbitration outside of the United States may be able to obtain documents and/or testimony from witnesses within the United States pursuant to 28 U.S.C § 1782.[1] Section 1782 authorizes a district court to order a person to "give his testimony" or "produce a document" for the "use in a proceeding in a foreign or international tribunal."[2] There has been a long-standing debate as to whether Section 1782 can be used with respect to foreign arbitral ...