Bruce Marks speaks at RT’s Sanchez Effect in Moscow, Russia

American Perspectives on Global Affairs from Moscow In a recent episode of RT’s Sanchez Effect, host Rick Sanchez welcomed Bruce Marks, a former...

Bruce Marks speaks at ThoughtLeaders4’s Sovereign & States Litigation Summit USA

We’re pleased to announce that Bruce Marks, Founder and Managing Member of Marks & Sokolov, will be speaking at ThoughtLeaders4’s Sovereign...

Bruce Marks Speaks at the Pravo.RU Conference

On September 19, Bruce Marks, Founder and Managing Director of Marks & Sokolov, speaks at the session “Liability Under Control” during...

Sergei Sokolov speaks at the Forbes Federal Legal Forum 2025

On 18 September 2025, Forbes Russia will host the annual Federal Legal Forum in Moscow, a central event for the Russian legal community focusing on...

Marks & Sokolov Secures Another OFAC License for Release of Blocked Russian Client Funds

Marks & Sokolov is pleased to announce another success in our sanctions-related practice: we have obtained an OFAC license authorizing the...

​Updates on the recent Russian-related § 1782 applications – U.S. courts weigh discovery requests tied to sanctions, shareholder disputes, and asset battles.

Section 1782 of Title 28 of the U.S. Code allows parties to seek discovery in U.S. courts for use in foreign proceedings. In recent years, Russian...

1782 Discovery Blog: The U.S. Supreme Court Will Consider Application Of §1782 Discovery To International Commercial Arbitration

by | May 4, 2021 | 1782 Blog

In Servotronics, Inc. v. Boeing Co., 954 F.3d 209, 210 (4th Cir. 2020) the Fourth Circuit recently held a private arbitration panel convened in England, is a “foreign or international tribunal” under § 1782(a) and, therefore, the district court has authority to permit discovery of Boeing employees in South Carolina in connection with that private arbitration.  The Sixth Circuit in Abdul Latif Jameel Transp. Co. v. FedEx Corp., 939 F.3d 710 (6th Cir. 2019), overruled a district court’s denial of an application by a Saudi corporation to take discovery from U.S. based FedEx Corporation for use in an arbitration proceeding in Dubai, under the rules of the Dubai International Financial Centre-London Court of International Arbitration.

The Fourth and Sixth Circuits were not persuaded by earlier decisions from the Second and Fifth Circuits, Republic of Kazakhstan v. Biedermann Int’l, 168 F.3d 880 (5th Cir. 1999) and National Broadcasting Co., Inc. v. Bear Stearns & Co., Inc., 165 F.3d 184 (2d Cir. 1999) that held that only “state sponsored” arbitrations fall within the scope of §1782.  Some district courts in other circuits have also permitted discovery for private international arbitration.  The United States Court for the Northern District of California in In HRC-Hainan Holding Co., LLC v. Yihan Hu, 2020 U.S. Dist. LEXIS 32125, at *11-12 (N.D. Cal. Feb. 25, 2020), which encompasses Silicon Valley, authorized discovery for use in private arbitration before the China International Economic and Trade Arbitration Commission.

However, the Seventh Circuit in Servotronics, Inc. v. Rolls-Royce PLC, 975 F.3d 689 (7th Cir. 2020), addressing the issue as a question of first impression, declined Servotronics’ request for discovery assistance in connection with a private arbitration in the United Kingdom.  On March 22, 2021, the Supreme Court agreed to hear Servotronics’ challenge to this decision on the presented issue of whether a party to a private, commercial foreign arbitration proceeding, such as one governed by the U.K. Arbitration Act and Rules of the Chartered Institute of Arbitrators, may apply for an order under Section 1782, as the Fourth and Sixth Circuits have held, or excludes such tribunals, as the Second, Fifth, and now the Seventh Circuit, have held.  There is no predicting which direction the Supreme Court will take and a decision may not come until 2022.

Thomas C. Sullivan is an attorney in the Philadelphia office of Marks & Sokolov LLC. Mr. Sullivan represents Western, Russian and Ukrainian clients in complex commercial disputes including civil RICO, securities fraud, Foreign Corrupt Practices Act, Convention on the International Sale of Goods and ICC Arbitration matters.  He has litigated numerous Section 1782 discovery matters throughout the United States and was recently published in Obtaining U.S. Discovery For Use In Non-U.S. Tribunals Pursuant To 28 U.S.C. § 1782 (Chapter 7), Juris Publishing, LLC, 2020.

 

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