The Seventh Circuit, in Servotronics, Inc. v. Rolls-Royce PLC is the most recent appellate court to weigh in on the question of whether 28 U.S.C. 1782(a) authorizes a judge to compel discovery in a foreign arbitration. As the court noted, the statute “authorizes the district court to order a person within the district to give testimony or produce documents ‘for use in a proceeding in a foreign or international tribunal.'”
In holding that an international arbitration does not constitute “a proceeding in a foreign or international tribunal,” the court reached the same conclusion as did the Second Circuit recently.