The Boston Bar Association, the oldest and dare I say best bar association in the country, is hosting an event on May 7 titled: “Pioneering a Networked Approach to International Justice from Boston: A Discussion of Georges v. United Nations.” The Georges case seeks to hold the United Nations and some of its officials liable for the cholera epidemic in Haiti, thought to have been started by UN troops, who inadvertently brought the disease to Haiti with them. I’ve covered it a few times, most recently in my post on the District Court’s order on a motion to dismiss. The case is now on appeal to the Second Circuit.
Unfortunately, I begin an arbitration on May 6 and won’t be able to attend, but if you’re in Boston on the 7th, I encourage you to check it out!
I noted the Federal Circuit’s curiosity about § 1782 in In re POSCO, a mandamus case in which the court, sua sponte, asked the parties and then the government to brief the question whether § 1782 is the exclusive means to obtain evidence for use in a foreign proceeding.
Continue reading The Government’s Amicus Brief In POSCO
The case of the day is In re Application of Grupo Unidos Por El Canal, S.A. (D. Colo. 2015). The Autoridad del Canal de Panama, the agency in charge of the Panama Canal, is in the course of an expansion of the canal to include a third set of locks. Grupo Unidos Por El Canal, one of the contractors engaged on the project, claims that ACP breached its contract with GUPC “by concealing and withholding critical information regarding the true nature of the existing conditions at the Project and the status of other aspects of the Panama Canal expansion.” GUPC demanded arbitration. As provided in the parties’ contract, the arbitration was held in Miami under the ICC Rules. The parties agreed that the arbitration was governed by the FAA, and they agreed that discovery in the arbitration was governed by the IBA Rules on the Taking of Evidence in International Commercial Arbitration.
Continue reading Case of the Day: In re Application of Grupo Unidos Por El Canal