Author: Ted Folkman

  • Case of the Day: Yugraneft Corp. v. Rexx Management Corp.

    The Blogatory case of the day, Yougraneft Corp. v. Rexx Mgmt. Corp., [2010] 1 S.C.R. 649 (Canada), is also our first foreign case. Before turning to the case itself, just a note about our international coverage: our coverage of international cases will typically lag behind our coverage of U.S. cases and will certainly be less……

  • Pre-hearing discovery in arbitration: Beck’s Superior revisited

    We recently looked at Beck’s Superior Hybrids v. Monsanto, an Indiana decision denying enforcement of an arbitrator’s subpoena on the grounds that the proper court in which to seek enforcement, under Section 7 of the FAA, was the court at the seat of the arbitration.  I thought it would be worth comparing the approach in……

  • US Pretrial Discovery for Foreign Litigants

    Here is a link to an article Penny Gilbert and I recently published in CDR, a British legal magazine, on US judicial assistance for litigants in British civil litigation. The article covers some of the key concepts in the judicial assistance statute and the mechanics of making a request for judicial assistance. Thanks to CDR……

  • Digest: January 16, 2011

    Gannon Int’l, Ltd. v. Blocker, Civ. A. No. 10-835 (E.D. Mo. Jan. 13, 2011). The court approved service of a summons and complaint by personal delivery to a U.S. citizen defendant in Vietnam (not a party to the Hague Service Convention) under Fed. R. Civ. P. 4(f)(2)(C)(i), on the grounds that Vietnam law does not……

  • Beck’s Superior Hybrids v. Monsanto: Enforcing an Arbitrator’s Subpoena

    Beginning today, Letters Blogatory is going to cover cases on the enforcement of international arbitral awards and judicial assistance to international arbitral tribunals. The discussions about the scope of the judicial assistance statute we’ve had just in the first week (here and here) suggest to me that arbitration is closely linked to questions of judicial……