What alternatives exist for international arbitration parties to access §1782 discovery? Despite the Supreme Court’s 2022 decision in ZF Automotive US, Inc. v. Luxshare, Ltd. that limited the availability of §1782 discovery, parties involved in international arbitrations might still be able to avail themselves of section 1782 discovery when seeking material to be used in a foreign or international proceeding that is not yet commenced, but within “reasonable contemplation.” Hypothetically, could the “reasonable contemplation” standard open the door for parties to access §1782 discovery, especially when a treaty or commercial contract offers multiple forums to resolve a dispute?

Click here to read the full article penned by associate MarcAnthony Bonanno. The article, featured on the Wolters Kluwer Arbitration Blog, discusses recent changes to §1782 litigation.

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