Servotronics, Inc. v. The Boeing Co., No. 18-2454 (4th Cir. 2020)Annotate this Case
Seeking evidence to use in a United Kingdom arbitration, Servotronics filed an application in the district court under 28 U.S.C. 1782 to obtain testimony from three Boeing employees residing in South Carolina. On appeal, Servotronics contends that the district court erred in ruling that the UK arbitral panel was not a "foreign tribunal" for purposes of section 1782 and thus it lacked authority to grant Servotronics' application to obtain testimony for use in the UK arbitration.
The Fourth Circuit reversed and remanded, holding that the arbitral panel in the United Kingdom is a foreign tribunal for purposes of section 1782. The court explained that the current version of the statute, as amended in 1964, manifests Congress' policy to increase international cooperation by providing U.S. assistance in resolving disputes before not only foreign courts but before all foreign and international tribunals. The court wrote that such a policy was intended to contribute to the orderly resolution of disputes both in the United States and abroad, elevating the importance of the rule of law and encouraging a spirit of comity between foreign countries and the United States. Furthermore, Boeing's argument to the contrary represents too narrow an understanding of arbitration, whether it is conducted in the United Kingdom or the United States.