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Gary Born on In re Caratube
In my post on arbitral tribunals as “tribunals” under the judicial assistance statue, I raised the following objection to the cases holding that an arbitral tribunal is a “tribunal” for purposes of the statute: why should a party to an international arbitration, who is plainly an “interested party” under the judicial assistance statute, have the……
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Digest for January 26, 2011
We have a little catching up to do, so here is a digest of a couple of recent cases that are probably not going to get top billing as cases of the day. In re Application of Inversiones y Gasolinera Petroleos Venezuela, Civ. A. No. 08-20378 (S.D. Fla. Jan. 19, 2011). Like Chevron Corp. v. Berlinger, the……
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Noteworthy Article on Arbitration and the Judicial Assistance Statute
Kudos to Jenna Godfrey of American Univerity Law School on her new article, Americanization of Discovery: Why Statutory Interpretation Bars 28 U.S.C. § 1782(a)’s Application In Private International Arbitration Proceedings, 60 Am. U. L. Rev. 475 (2010), which has just been posted on Westlaw. Godfrey makes a sound argument that the foreign arbitral tribunals should……
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Case of the Day: Heraeus Kulzer, GmbH v. Biomet, Inc.
Germany is one of the jurisdictions most implacably opposed to U.S.-style pretrial discovery in civil cases, or so it seems to me. Hence the irony of Heraeus Kulzer, GmbH v. Biomet, Inc., No. 09-2858 (7th Cir. Jan. 24, 2011), our case of the day, where a German firm suing an American firm in Germany for……
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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……