The Supreme Court Slated to Resolve a Circuit Split.

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. On the chance that the Court splits 4-4, then the Seventh Circuit decision could potentially be affirmed by an equally divided Supreme Court, which may leave no clarity at all for parties who confront this issue in the future. 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). [Extracted from the article]