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Case of the Day: Process & Industrial Developments v. Nigeria
The DC Circuit affirms the denial of Nigeria’s motion to dismiss in the Process & Industrial Developments case. Continue Reading Case of the Day: Process & Industrial Developments v. Nigeria
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Cert. Watch: Servotronics v. Rolls-Royce
Readers, I am keeping my eye on the cert. petition in Servotronics, Inc. v. Rolls-Royce plc, a case I’ve written about before, which raises the question whether § 1782 reaches private international arbitrations, or more specifically, whether such arbitrations are proceedings in a foreign or International tribunal, as the statute requires. The petition was filed……
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Case of the Day: In re Hanwei Guo
Longtime readers know that one of the big open questions in Section 1782 practice is whether the statute reaches private international arbitrations. Is an arbitration of a typical business dispute a proceeding before a “foreign or international tribunal,” such that an interested person can seek discovery in the United States? The circuits are split, with……
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Case of the Day: GE Energy v. Outokumpu
The case of the day is GE Energy Power Conversion France SAS Corp. v. Outokumpu Stainless USA LLC (S. Ct. 2020). ThyssenKrupp had a contract with FL Industries for the construction of cold rolling mills at ThyssenKrupp’s steel plant in Alabama. The contract provided: “All disputes arising between both parties in connection with or in……
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Case of the Day: Corporación AIC v. Hidroelectrica Santa Rita
The case of the day is Corporación AIC SA v. Hidroelectrica Santa Rita SA (S.D. Fla 2020). The parties had a contract for turnkey design and construction of a hydroelectric plant in Guatemala. HSR paid about $11 million to the contractor, AIC, and issued a notice to proceed. But the local community opposed the construction,……