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Section 1782: Big News For International Reinsurance Arbitrations, Mealey's Litigation Report: Reinsurance, March 20, 2009, 19-22 Mealey's Litig. Rep. Reinsurance 14 (2009), Volume 19, Issue #22

The named insured and named party in a London reinsurance arbritration requested that the district court order a non-party witness to testify in the arbitration.

The non-party argued that the scope of 28 U.S.C. §1782 was limited to only governmental entities.

While the District Court conceded that the court’s powers under 28 U.S.C. §1782 have been expanded over the past several years, the Intel decision did not specifically reference private arbitrations as one of those areas in which the statute granted authority.  The District Court, therefore, declined to follow several subsequent decisions which interpreted the Intel decision to apply to private arbitrations.