Back in March 2020, the Fourth Circuit issued a decision in the Servotronics case, holding that courts had the power, under § 1782, to order discovery in aid of a private international arbitration outside the United States. Its decision was at odds with the Seventh Circuit’s decision later that year, adding to the circuit split that resulted in the Supreme Court’s decision to grant cert. to resolve the split. But while Servotronics pushes ahead in its attempt to get evidence for use in the case, it faces enormous time pressure: the arbitrators recently refused to continue the hearing, now scheduled for May 10, in order to allow time for the § 1782 proceedings to reach a conclusion. Following the Fourth Circuit’s decision, the case…
Tagged: 1782, arbitration, mandamus