Author: Hans Smit*
Published: July 1997
Judicial Assistance in Procedural Matters
Description: In 1963, Section 1782 of Title 28 of the United States Code, was amended to liberalize in significant measure the assistance rendered by American courts to foreign and international tribunals. As international arbitration increases its growth, the question of whether Section 1782 provides for judicial assistance to international arbitral tribunals created pursuant to agreement between private parties has enjoyed increased attention from both courts and commentators. Two lower federal courts sitting in New York have answered this question in the negative. I have consistently maintained that the answer should be in the positive.
*Stanley H. Fuld Professor of Law and Director, Center for International Arbitration and Litigation Law, Columbia University. Copyright by Hans Smit. Part I of this Article has also been submitted for publication in Arbitration International.