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By Ted Folkman

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  • Currency Conversion: Newer Isn’t Always Better

    Friend of Letters Blogatory Bill Dodge had an interesting post at the Transnational Litigation Blog on Estate of Ke v. Yu, a new Fourth Circuit case suggesting that forum non conveniens should never be a defense in an award or judgment recognition case. I agree with that view 100%, because an enforcement case is (or……

    August 4, 2024
  • The 2024 Olympics Begin!

    The Paris Games have begun! Here is my review of the NBC broadcast of the opening ceremonies and the ceremonies themselves. First, bravo to the Paris organizers for trying something new. The athletes floating down the Seine was fun and gave the cameras lots of opportunities to show of Paris from the air and the……

    July 27, 2024
  • Case of the Day: Webuild v. WSP

    The case of the day is Webuild S.p.A. v. WSP USA, Inc. (2d Cir. 2024). It’s a Section 1782 case seeking evidence for use in an ICSID arbitration asserting violations of the Panama-Italy bilateral investment treaty. The question in the case was whether an ICSID arbitral tribunal is a foreign or international tribunal for purposes……

    July 26, 2024
  • The ICJ Makes Peace Harder

    The ICJ’s advisory opinion on Israel and the Palestinian territories is so, so dispiriting. Let me begin with the caution I gave in my very first post after the October 7 massacre and repeated in one form or another in my post explaining the view of scholars who said that Israel did not have the……

    July 22, 2024
  • The Special Commission on Service by Email, Part Two

    Last week we looked at the first sentence of paragraph 105 of the Conclusions and Recommendations of the 2024 Special Commission on the practical operation of the Service, Evidence, and Access to Justice Conventions. That sentence clarified that email is within the postal channel, and that therefore, service by email is permitted when authorized by……

    July 22, 2024
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