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New Chinese Conflict of Laws Statute
Conflict of Laws.net has posted a new translation of the Statute on the Application of Laws over Foreign-Related Civil Relations of the People’s Republic of China, which goes into effect on April 1, 2011. I was most interested in its provisions on choice of law with regard to IP issues and in arbitration. In the……
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Case of the Day: Willis v. Magic Power Co.
The Blogatory case of the day is Willis v. Magic Power Co., a case involving service by mail under the Hague Service Convention. Willis brought a personal injury suit against Magic Power, a Hong Kong company, in the Philadelphia Court of Common Pleas. She served the complaint by registered mail. Magic Power objected to service by mail. The……
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Case of the Day: Netezza Corp. v. Intelligent Integration Systems
We will focus on international judicial assistance here at Letters Blogatory, but in federal countries such as the United States, issues of judicial assistance, comity, the extent of a court’s extraterritorial jurisdiction, and so forth can arise in purely domestic litigation, where some parties or witnesses are located in states other than the forum state. Our case……
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Blogatory Update
This blog is brand-new, and I’ve been taking a crash course in how WordPress works. I’ll be adding features as I go along. Today’s additions: A Resources page, with links to some useful primary and secondary sources. I will be adding additional resources as I go. A Policies pages, with the fine print. A share……
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Arbitral Tribunals as “Tribunals” Under The Judicial Assistance Statute
Prior to 2004, it was fairly clear that arbitral tribunals were not “tribunals” for purposes of the judicial assistance statute, 28 U.S.C. § 1782, and thus that the statute did not authorize the District Courts to compel discovery in aid of foreign arbitrations. But in light of dicta in Intel Corp. v. Advanced Micro Devices, Inc.,……