@article{oai:chuo-u.repo.nii.ac.jp:00016134,
 author = {阿部, 道明},
 issue = {3},
 journal = {中央ロー・ジャーナル, Chuo Law Journal},
 month = {Dec},
 note = {application/pdf, 28 U.S.C. § 1782(a) authorizes United States federal district courts to order discovery from persons residing in orfound in the district for use in foreign orinternational tribunal proceedings. 
However, whether a foreign private arbitral tribunal falls within the meaning of “tribunal” in the act has long been a matter of dispute. 
The U.S. Supreme Court’s 2004 decision in Intel Corp. v. Advanced Micro Devices, Inc. is widely considered to be the leading case related to §1782 discovery. However, it did not directly involve a foreign private arbitral tribunal. Federal courts have interpreted Intel in different ways. 
The Courts of Appeal for the Fourth and Sixth Circuits decided that the statute was applicable to a foreign private arbitral tribunal. The Second, Fifth, and Seventh Circuits ruled otherwise. 
The reasoning in the cases involved consideration of the literal meaning of the statute, 
legislative history, scholarly opinion, availability of judicial review of an arbitral award (functional
test), comparison with domestic arbitration (Federal Arbitration Act §7), consideration of
inherent flexibility, and the cost-saving features of arbitration. 
A Seventh Circuit case is now under review by the Supreme Court. A decision, expected by mid-2022, could resolve the Circuits’ split of opinion.},
 pages = {3--52},
 title = {国際仲裁とディスカバリー ―合衆国法典28篇1782条(a)の適用の可否―},
 volume = {18},
 year = {2021},
 yomi = {アベ, ミチアキ}
}