procedure of the foreign country or the international tribunal. Based upon these factors, the district court can deny, modify or order discovery as requested. See Intel, 542 U.S. at 265-65, 124 S.Ct. 2466. B. Section 1782(a) Statutory Requirements NextEra does not dispute that the threshold requirements authorizing judicial assistance under § 1782(a) have been satisfied. First, as a party to- the dispute, Mesa Power plainly is an “interested person.” 28 U.S.C. § 1782(a). Second, Mesa Power’s application seeks evidence in the form of document production and deposition testimony. As to the third factor, Mesa Power requested evidence for use in NAFTA arbitration, which functionally qualifies as a “foreign or international tribunal” under section 1782. See In re Consorcio, 685 F.3d at 995 (<HOLDING>); In re Application of Winning (HK) Shipping
holding an arbitral panel in ecuador fell within section 1782s scope holding that bad faith handling of an insureds claim fell within the act holding that conduct fell within the scope of employment even if it may have been overzealous or one sided holding an arbitration tribunal fell within the purview of section 1782 holding that the challenged item was within the scope of the search because it reasonably fell within the expressed object of the search even though it turned out to be the defendants personal property