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Case of the Day: Banca Pueyo v. Lone Star Fund IX
The case of the day is Banca Pueyo S.A. V. Lone Star Fund IX (US), LP (5th Cir. 2020). The case addresses an important point about § 1782 procedure, namely, when a decision is sufficiently final to permit an appeal. I preface the discussion by saying that if you find yourself in a § 1782……
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Case of the Day: Servotronics v. Rolls-Royce
The case of the day is Servotronics, Inc. v. Rolls-Royce PLC (7th Cir. 2020). I wrote about a related Fourth Circuit case earlier this year. The case deepens the circuit split on whether Section 1782 reaches private foreign arbitrations. The Fourth and Sixth Circuits have recently said “yes.” The Second and Fifth Circuits had said……
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Case of the Day: In re Gorsoan Ltd.
The case of the day is In re Gorsoan Ltd. (SDNY 2020). Gorsoan, a Cyprus company, and Gazprombank, the Russian bank, sued dozens of defendants, including Janna Bullock, in Cyprus, alleging a $25 million fraud. The Cyprus court issued a worldwide asset freeze injunction and requiring the defendants, including Bullock, to disclose their assets. Bullock……
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Case of the Day: In re Hanwei Guo
Longtime readers know that one of the big open questions in Section 1782 practice is whether the statute reaches private international arbitrations. Is an arbitration of a typical business dispute a proceeding before a “foreign or international tribunal,” such that an interested person can seek discovery in the United States? The circuits are split, with……
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1782 to Watch: In re Republic of the Gambia
You may be interested in a § 1782 application just filed in Washington by the Republic of the Gambia, which is prosecuting a case against Myanmar in the International Court of Justice concerning the situation of the Rohingya people. This brings to mind my last visit to the Hague in December, when I arrived early……