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Case of the Day: NML Capital v. Argentina
The case of the day is NML Capital, Ltd. v. Republic of Argentina (2d Cir. 2013). Just by way of background, here is my brief overview from my October 2012 post on the Second Circuit’s first decision in the case: When Argentina restructured its debt, it enacted law treating the bonds of investors who did……
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Pre-Trial Discovery under the Hague Evidence Convention: Is Germany’s Position Softening?
Peter Bert is back with a report of an interesting development—or hint of a development—in how the German courts think about requests for the production of documents. This is cross-posted at Peter’s blog. A recent Frankfurt case raises this issue: Germany has declared “that it will not execute Letters of Request issued for the purpose……
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Paper of the Day: Gómez on The Global Chase: Seeking the Recognition and Enforcement of the Lago Agrio Judgment Outside of Ecuador
Manuel A. Gómez, professor of law at Florida International University and friend of Letters Blogatory, has posted The Global Chase: Seeking the Recognition and Enforcement of the Lago Agrio Judgment Outside of Ecuador to SSRN. Manuel has been teaching a course that focuses on the Chevron/Ecuador case, so he is a natural for an article……
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Case of the Day: Blue Ridge Investments v. Argentina
The case of the day is Blue Ridge Investments, LLC v. Republic of Argentina (2d Cir. 2013). In 1989, Argentina privatized the gas transportation industry, leading to the creation of Transportadora de Gas del Norte, or TGN. In 1995, CMS Gas Transmission Co. bought a 25% stake in TGN from the Argentine government. At first,……
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Compelling German Third-party Witnesses to Testify in US Litigation
IJA Brigade member Peter Bert is back with a practical piece on procedure under the Hague Evidence Convention in Germany. This is cross-posted from Peter’s blog. In US-German disputes, the question often arises whether a party in US litigation can compel a third-party witness who is a German resident and does not volunteer to testify……