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Note of the Day: Vanderbeek on Rockefeller
Congratulations to Thomas G. Vanderbeek, who has published a student note in the Vanderbilt Law Review on the problem of “contracting around” the Hague Service Convention in light of Rockefeller v. Changzhou Sinotype. Vanderbeek correctly identifies two approaches to the problem. The first approach focuses on giving effect to the Convention’s terms, particularly its insistence……
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A New Elephant Habeas Case
Steven Wise’s Nonhuman Rights Project has brought a new habeas corpus petition on behalf of three elephants in the Fresno Zoo. It’s pretty much exactly like his last habeas corpus petition for an elephant in Fresno, except that he has filed it in an appellate court instead of a superior court, and except that he……
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Today’s DIScussion On ZF Automotive
I participated in a panel discussion today of the ZF Automotive case at the DIS, the German Arbitration Institute. It was a pleasure to get to exchange ideas with my colleagues on the panel, Derek Adler of Hughes Hubbard & Reed and Barbara Maucher of Noerr. I was assigned the role of explaining reasons why……
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Article of the Day: Bill Dodge on Substituted Service
Bill Dodge has a new post at Transnational Litigation Blog on Substituted Service and the Hague Service Convention, which brings to our attention a new revision of his forthcoming paper in the William & Mary Law Review. This is the kind of post and paper that speaks to me as a practitioner, because it combines……
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Article of the Day: Eric Sherby, “Is an Arbitrator a ‘Tribunal’ Under Section 1782? The FAA Red Herring”
I’m happy to welcome friend of Letters Blogatory Eric Sherby, a well-known Israeli lawyer specializing in international litigation and arbitration, who argues in today’s post that it’s a mistake to worry about the possibility that parties to foreign arbitrations might have more rights to take US discovery than parties to domestic arbitrations if the Supreme……