We examine whether the parties to international commercial arbitration ought to have access to discovery through the federal courts of the United States. 28 U.S.C § 1782 permits U.S. courts to compel the exchange of information “for use in a proceeding in a foreign or international...

Under the national procedural rules of most countries, judicial assistance in aid of international arbitration will be granted only by the courts at the seat of the arbitration (absent a letter rogatory from a court of the arbitral seat to a court in another jurisdiction). Germany, following an...