Federal Judge Says § 1782 Does Not Apply to Private Arbitrations

CHICAGO - An Illinois federal judge ruled that she does not have discretion under federal arbitration law to order ACE Bermuda Ltd.'s former counsel to provide deposition testimony for use in a London arbitration. In re An Arbitration Between Norfolk Southern Corporation, Norfolk Southern Railway Company, and General Security Insurance Company and Ace Bermuda Ltd., No. 09 C 3092 (N.D. Ill.).

In a June 15 order, U.S. District Judge Elaine E. Bucklo of the U.S. District Court of the Northern District of Illinois ruled that private arbitrations do not fall within the scope of 28 United States Code § 1782. …