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Case of the Day: Webuild v. WSP
The case of the day is Webuild S.p.A. v. WSP USA, Inc. (2d Cir. 2024). It’s a Section 1782 case seeking evidence for use in an ICSID arbitration asserting violations of the Panama-Italy bilateral investment treaty. The question in the case was whether an ICSID arbitral tribunal is a foreign or international tribunal for purposes……
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The ICJ Makes Peace Harder
The ICJ’s advisory opinion on Israel and the Palestinian territories is so, so dispiriting. Let me begin with the caution I gave in my very first post after the October 7 massacre and repeated in one form or another in my post explaining the view of scholars who said that Israel did not have the……
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The Special Commission on Service by Email, Part Two
Last week we looked at the first sentence of paragraph 105 of the Conclusions and Recommendations of the 2024 Special Commission on the practical operation of the Service, Evidence, and Access to Justice Conventions. That sentence clarified that email is within the postal channel, and that therefore, service by email is permitted when authorized by……
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Remembering the AMIA Bombing
I attended a moving and somber remembrance yesterday for the victims of the AMIA bombing in Bueno Aires, exactly thirty years ago. It was sponsored by my favorite Jewish organization, the AJC, and held at my synagogue under even tighter-than-usual security, which is saying something. Members of the Argentine Jewish community in Boston were there……
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The Special Commission on Service by Email, Part 1
The Special Commission on the practical operation of the Service, Evidence, and Access to Justice Conventions has just completed its 2024 meeting and, at last, taken on the issue of service by email under the Hague Service Convention. Its conclusions are welcome and should have a significant influence on US courts’ decisions, which in recent……