Remaining Areas of Uncertainty Concerning Section 1782
Although federal district courts held in 2006, 2007, and 2008 that section 1782 discovery is available in connection with non-US arbitrations, the issue has yet to be decided by any appellate court, and it is possible that an appellate court might be persuaded by pre-Intel appellate decisions that rejected the view that Section 1782 discovery is available in connection with non-US arbitrations.
The case law so far is split as to whether a section 1782 order may compel a person located in the United States to produce documents that are located outside the US.
Some authorities are of the view that Section 1782 authorizes non-parties to produce documents and to give oral testimony but not to answer written interrogatories. At least one recent case, however, did require a non-party to answer interrogatories.
In August 2008, a court in New York held that a German tax authority is a "tribunal" for purposes of Section 1782 discovery.
Read more about this topic: Section 1782 Discovery
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