The Applicability of § 1782 to ICSID Arbitrations in U.S. Courts

Zhuoqian (Joyce) Li*

28 U.S.C. § 1782 plays an important role in the pursuit of judicial assistance for participants in international arbitration.  The Supreme Court’s decision in ZF Automotive v. Luxshare resolved a circuit split on the issue of applicability with regard to private commercial arbitration by excluding it from the purview of § 1782 but left the door open for other governmental forms of international arbitration, such as through the International Centre for Settlement of Investment Disputes (ICSID).  However, it is theoretically challenging to categorize ICSID as an “international tribunal” under the multi-factor test because the tribunal may not be regarded as exercising governmental authority.  This position is further supported by the Court’s generally stringent stance on interpretation.  Alternatively, parties should consider exploring other possible mechanisms for obtaining judicial assistance in discovery.

* J.D., Columbia Law School, 2025. I am deeply grateful to Professor George Bermann for his insightful guidance and support throughout the development of this Note. I also thank my Note Editor, Jonathan Shapiro, and the dedicated staff of the Columbia Journal of Transnational Law for their careful edits and detailed feedback. Finally, I extend my heartfelt thanks to my family and friends for their encouragement along the way.