6th Circuit:  Discovery Provision Applies To Foreign Commercial Arbitration Panel

Mealey's (September 20, 2019, 3:59 PM EDT) -- CINCINNATI — Applying the principles of Intel Corp. v. Advanced Micro Devices, Inc., the Sixth Circuit U.S. Court of Appeals on Sept. 19 concluded in what it called a matter of first impression that a private commercial arbitration panel qualifies as a “tribunal” under U.S. Code Title 28 Section 1782(a), leading it to reverse a trial court’s denial of a Saudi company’s discovery requests from FedEx Corp. in an arbitration proceeding under the statute (In Re:  Application to Obtain Discovery for Use in Foreign Proceedings, No. 19-5315, 6th Cir.)....