Access to U.S.-style discovery under 28 U.S.C. Section 1782 in aid of a private, foreign arbitration has long been one of the most contentious areas of dispute under the statute. Until 2004, the law was fairly settled: Section 1782 subpoenas could not be sought for private arbitrations. But that year, the U.S. Supreme Court, in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004), hinted in dicta that Section 1782 evidence could be obtained for foreign commercial arbitrations. The Supreme Court looked to a functional test: Was the foreign tribunal a "first instance decisionmaker" that gathers and weighs evidence to resolve a dispute – to determine a quasi-judicial body could be a tribunal under Section 1782. Since Intel, U.S. circuits – which were initially split on the use of 1782 in aid of arbitration – appeared to be coalescing around the principle that the dicta in Intel was correct.