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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……
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Case of the Day:Chevron Corp. v. Berlinger
It’s a big day at Letters Blogatory—our first appellate Case of the Day! The case is Chevron Corp. v. Berlinger. It arose out of the epic Lago Agrio litigation. You may remember the case as an example of why you should be careful what you wish for: Ecuadorian plaintiffs had filed a class action alleging……
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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.,……