Court Holds That An ICC Arbitration Does Not Trigger Discovery Rights Under Section 1782

A Florida District Court has denied an application for discovery in aid of a foreign arbitration made under 28 U.S.C. Section 1782, finding that the presiding tribunal–the International Chamber of Commerce–is not a foreign or international tribunal that conforms to the statute. Affirming the decision of a Magistrate Judge, the court held in In re Application of: Juan Maria Rendon and Roberto Maurice Ventura Crispino, “the pending ICC arbitration is not a foreign or international tribunal because its decision would not be subject to judicial review.”