MONTH-IN-BRIEF (Apr 2021)
Business Litigation
The Supreme Court Slated to Resolve a Circuit Split
By Leslie A. Berkoff
On March 22, 2021, the United States Supreme Court granted certiorari in Servotronics Inc. v. Rolls-Royce PLC, No. 20-794, to determine whether the discretion granted to district courts under 28 U.S.C. § 1782 (“§ 1782”) to render assistance in gathering evidence for use in a “foreign or international tribunal” includes compelling discovery in aid of private commercial arbitrations (in contrast to treaty-based arbitrations). In the decision below, the Seventh Circuit declined Servotronics’ request for discovery assistance in connection with a private arbitration in the United Kingdom, and Servotronics petitioned the Supreme Court for certiorari.
