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Case of the Day: In re Alpene
The case of the day is In re Alpene, Ltd. (E.D.N.Y. 2022). Alpene, a Hong Kong corporation, had a treaty arbitration claim against Malta, and it arbitration under ICSID arbitration. It sought discovery from Elizabeth McCaul, a New Yorker, under Section 1782. The case raises a question left open in the Supreme Court’s ZF Automotive……
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Case of the Day: Palladian Partners v. Province of Buenos Aires
The case of the day is Palladian Partners, LP v. Province of Buenos Aires (S.D.N.Y. 2022). In 2018, Palladian obtained a German judgment against the Province of Buenos Aires, which had defaulted on euro-denominated bonds following the 2001 financial crisis. Now it seeks recognition and enforcement of the German judgment in the Southern District of……
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What Good Is Section 1783?
The International Shoe revolution, which divorced service of process from territorial jurisdiction, paved the way for easy service of process abroad. But the revolution passed subpoenas by. The law of subpoenas remains strongly territorial. FRCP Rule 45 provides that subpoenas are to be served within the United States. This distinction makes sense if you conceive……
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New Website: haguevidence.com!
A couple of months ago I was chatting with a well-known lawyer. He was surprised when I told him I was spending a significant amount of time on Hague Evidence Convention matters. He encouraged me to do some marketing on this. The folkman.law website covers this, but obviously people who know about me aren’t all……
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Case of the Day: In re VUZ-Bank JSC
The case of the day is In re VUZ-Bank JSC (W.D. Va. 2022). VUZ is a Russian bank. It sought discovery in Virginia for use in potential criminal proceedings in Dubai, that it said arose out of a fraud on the bank by Rus-AgroExport LLC, Hakan Holdings Ltd., and Hakan Agro DMMC. VUZ brought a……