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Case of the Day: DRC, Inc. v. Republic of Honduras
The case of the day, DRC, Inc. v. Republic of Honduras (D.D.C. 2011), is an action to enforce an arbitral award made in Honduras. It is also the first case of the day arising under the Panama Convention. (Why does the Panama Convention, rather than the New York Convention, apply? The FAA has an express……
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New Features on Letters Blogatory
I hope readers have found the two case digest pages to be useful. (If you haven’t found these yet, look at the menu bar at the top of the browser window. One is labeled “Topical Digest”, the other “Digest by Jurisdiction”. If you’re reading this on a feed reader, you can find the topical digest……
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Gustavo Lamelas on the Judicial Assistance Statute
The March 2011 issue of the International Bar Association’s Arbitration News is out. Of particular interest in an article by Gustavo J. Lamelas of DLA Piper: The Evolving Standards for Extending US Discovery Assistance to International Arbitration. Lamelas notes that Intel Corp. v. Advanced Micro Devices has sparked “intense efforts to extend [the judicial assistance……
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Case of the Day: Johannes Baumgartner Wirtschafts-und-Vermögensberatung GmbH v. Salzman
The case of the day rejoices in the name Johannes Baumgartner Wirtschafts-und-Vermögensberatung GmbH v. Salzman (E.D.N.Y. 2011). The plaintiffs sued Ambiente GmbH, a German firm, and Peter Schmidt, Muhsin Karakurt, and Mehmed Kocabas, all of whom resided in Germany. The claim was for violations of RICO, securities fraud, conversion–you name it. The case of the……
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Case of the Day: United Company Rusal v. Trafigura AG
The case of the day United Company Rusal, plc v. Trafigura AG (D. Conn. 2011), raises a fascinating question: do the federal courts have subject-matter jurisdiction of applications for judicial assistance under 28 U.S.C. § 1782? One might wonder how this question could even arise. The statute provides: The district court of the district in which……