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2021 U. Chi. L. Rev. Online 1 (2021)
All Roads Lead to Guo: The Case for in re Guo's (2d Cir. 2020) Resolutions of the Sec. 1782 Circuit Split

handle is hein.journals/uchidial89 and id is 225 raw text is: 08/09/21 U. Chi. L. Rev. Online *1

Reagan W. Kapp
Over the past few decades, commercial arbitration-including private
international arbitration-has steadily increased as a means of dispute
resolution. According to statistical data gathered by the International
Chamber of Commerce, which tracks thirteen major arbitral bodies
across the globe, the number of commercial arbitration cases rose by
ro uth _y60_% from 2012 to 2019 alone. In an increasingly globalized
economy rife with sophisticated corporate actors, many parties opt for
arbitration clauses in international contracts. For example, Julian
N yarlko's study of over half a million international contracts (in which
one party is the United States or has close ties with the United States)
found that 25% included an arbitration clause. Courts and attorneys
hail the salutary effects of arbitration for international business. Over
time, private arbitral bodies even seem to be achieving greater -ains in
the efficiency of the duration of proceedings.
Not only has international arbitration increased, but so has
globalization in general. DHL, an international courier, has teamed up
with NYU's Stern School of Business to produce the Global
Connectedness Index, reporting that the world is still more connected
than at almost any previous point in history, judging by flows of
capital, trade, information, and people. In a world where more people
and goods are crossing international boundaries, it seems natural that
the U.S. Congress would take a vested interest in comity among
countries. Beginning decades ago, this changing global landscape
spurred legislation.
In 1964, amidst the start of the Information Age-incidentally the
same year that communications satellites enabled the Tokyo Summer
Olympics to be viewed contemporaneously in the United States for the
first time-Congress passed a revised version of 28 U SC. 1782
aim                foreign relations. While the old § 1782 had
provided limited evidence-gathering assistance to judicial proceedings
in certain foreign courts, the revised version extended the possibility of
obtaining such assistance to foreign bodies beyond traditional courts.
The legislation has its oriins in the recommendations of the
Commission on International Rules of Judicial Procedure, a group
Congress founded in 1958 to study judicial assistance and cooperation
between the United States and other nations with an eye towards
suggesting procedural improvements.
Enter the new-and-improved § 1782, which states in part:

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