Interpreting a key statutory provision for cross-border
discovery, on July 8, 2020, the Second Circuit held that parties to
a private international arbitration cannot obtain discovery in the
United States in aid of that arbitration under 28 U.S.C. §
1782. In Re: Application and Petition of Hanwei Guo for an
Order to take Discovery for Use in a Foreign Proceeding Pursuant to
28 U.S.C. 1782 (2d Cir. July 8, 2020).
Section 1782 authorizes federal courts to compel the production
of materials "for use in a proceeding in a foreign or
international tribunal" upon "the application of any
interested person." Petitioner Guo initiated an arbitration
against music streaming service Tencent Music and other parties
under the rules of the China International Economic and Trade
Arbitration Commission ("CIETAC"), asserting fraud-based
claims related to a prior investment he had made. Guo then sought
Section 1782 discovery in the United States from multiple
investment banks related to
