Overseas Arbitration Panel Deemed Sufficient for Issuing Discovery in the US Under
A Mondaq article from Mayer Brown brings news that "[t]he US Court of Appeals for the Eleventh Circuit, in Consorcio Ecuatoriano de Telecomunicaciones S.A. v. JAS Forwarding (USA), Inc.,1 has held that a foreign arbitration panel is a "tribunal" within the meaning of 28 U.S.C. §1782, thereby authorizing parties to such arbitrations to seek discovery from a United States district court pursuant to that statute….. The Eleventh Circuit decision in Consorcio Ecuatoriano is the first appellate court decision to address this "tribunal" issue squarely since the Supreme Court’s Intel decision" which suggested but did not require the result reached by the 11th Circuit.
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