Case of the Day: Argentina v. BG Group
The Blogatory case of the day is Republic of Argentina v. BG Group, plc, Civ. A. No. 08-485 (D.D.C. Jan. 21, 2011), a decision on confirmation of an arbitral award under the Argentina-U.K. bilateral investment treaty. After the financial crisis of 2001, the Argentine government enacted emergency legislation that, according to BG Group, an investor […]
Case of the Day: Girafa.com, Inc. v. Smartdevil, Inc.
The case of the day is Girafa.com, Inc. v. Smartdevil, Inc., 728 F.Supp.2d 537 (D.Del. 2010). Girafa.com, the assignee of U.S. Patent No. 6,864,904, sued Smartdevil, a Québec company, and several others for patent infringement. A bailiff personally served the summons and complaint on Smartdevil’s president, Stephane Lim. (There was some dispute whether the documents were delivered […]
Case of the Day: Yugraneft Corp. v. Rexx Management Corp.
The Blogatory case of the day, Yougraneft Corp. v. Rexx Mgmt. Corp.,  1 S.C.R. 649 (Canada), is also our first foreign case. Before turning to the case itself, just a note about our international coverage: our coverage of international cases will typically lag behind our coverage of U.S. cases and will certainly be less […]
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 […]
US Pretrial Discovery for Foreign Litigants
Here is a link to an article Penny Gilbert and I recently published in CDR, a British legal magazine, on US judicial assistance for litigants in British civil litigation. The article covers some of the key concepts in the judicial assistance statute and the mechanics of making a request for judicial assistance. Thanks to CDR […]