Yet Another Servotronics Update: Tribunal Declines To Continue Hearing
Posted on March 23, 2021
Okay, here is yet another Servotronics update, occasioned by an intrepid reader who sent me a copy of the Third Interim Award in the underlying arbitration. Servotronics had sought an adjournment of the hearing, now scheduled for May 2021, but the court denied the request. Check out paragraph 23:
For completeness, we should add that the Respondent also relied, though very much as a subsidiary argument, on the possibility that an adjourned hearing might benefit from further evidence received in the § 1782 proceedings. We doubt if this is a significantly more realistic prospect in October than it would be in May. In all the circumstances, this is not a compelling reason for an adjournment.
There is no chance that Servotronics will have the discovery in hand by May, or even that the case will be argued in the Supreme Court by May, barring some extraordinary request that seems to me highly unlikely to be granted, and then some extraordinarily fast work as the case wends its way back from the Supreme Court to the District Court. And so the mootness issue I have flagged before is evidently a very serious one. Time will tell whether Servotronics’ lawyers decide to seek extraordinarily fast relief or whether they will be sufficiently motivated to try to get a decision on the issue despite its mootness, on the grounds that it is “capable of repetition yet evading review.”