New York Creates Alternative Means for Discovery in Light of Supreme Court's Narrowing of 28 U.S.C. 1782.

However, in its decision the Court did not detail whether arbitral tribunals constituted under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID tribunals) qualified as "foreign or international tribunals" under Section 1782. In some recent decisions flowing from the Eastern and Southern Districts of New York, federal courts have further limited the use of Section 1782, finding that ICSID tribunals that were established to resolve investor-state arbitrations did not qualify as "foreign or international tribunals" under Section1782. These decisions have turned on a finding that there was no material difference between ICSID tribunals and the arbitration tribunal that had been the subject of the ZF Automotive decision and which had been convened in accordance with the UNCITRAL Rules. [Extracted from the article]