Jones Day partner Steven C. Bennett writes that courts have developed divergent tests for evaluating the status of arbitral panels. The minority position, held by the Fifth Circuits and some courts in the Second, recognizes only public arbitral panels as tribunals; the majority position recognizes both public and private arbitral panels as tribunals for purposes of Section 1782, which enables district courts to order a person to provide testimony or to produce documents for a proceeding before foreign tribunals.
Is an Arbitration Panel a Tribunal?
New York Law Journal
August 14, 2012
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