La Comision Ejecutiva Hidroelectica del Rio Lempa v. El Paso Corp.
United States District Court for the Southern District of Texas
617 F. Supp. 2d 481 (2008)
- Written by Whitney Waldenberg, JD
Facts
La Comision Ejecutiva Hidroelectica del Rio Lempa (CEL) (plaintiff) petitioned a United States district court, pursuant to 28 U.S.C. § 1782, to authorize subpoenas directing El Paso Corp. (defendant) to produce certain discovery for use in a pending foreign arbitration between CEL and a third party. The district court authorized the subpoenas, and El Paso moved the court to reconsider its ruling because the Fifth Circuit previously held that 28 U.S.C. § 1782 does not apply to private foreign arbitrations in Republic of Kazakhstan v. Biedermann Int’l. In response, CEL argued that the recent Supreme Court decision Intel Corp. v. Advanced Micro Devices, Inc. expanded application of 28 U.S.C. § 1782 to include any foreign arbitral tribunals.
Rule of Law
Issue
Holding and Reasoning (Harmon, J.)
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