Two reasons why Section 1782 is pro-arbitration

Resumen

This article deals with policy concerns regarding the availability of Section 1782 discovery in aid of private international arbitration. It focuses on two main policy concerns, and, to that effect, it aims to answer two questions. First, Does Section 1782 Undermine Arbitrators’ Control Over the Taking of Evidence? Second, Does Section 1782 Undermine International Arbitration’s Efficiency? This article answers negatively to both questions, therefore concluding that Section 1782 is pro-arbitration.