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USLW on Hereaus Kulzer v. Biomet
U.S. Law Week reported yesterday on the Heraeus Kulzer v. Biomet case, which we covered on January 25. I’m quoted as saying that the judicial assistance statue was intended to encourage other countries to liberalize their own law regarding discovery, and that “that effort has largely failed.” Germany (where the case arose) is a case in……
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Service By Mail Revisited
A few Letters Blogatory cases of the day have involved service by mail or by private delivery service. Service by mail is inexpensive; it provides pretty good assurance that the defendant has in fact received the papers served; and states need not permit service by mail if they have an objection to the use of……
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Update on UNCITRAL Working Group II meeting
We’ve reported a few of times on investment treaty arbitrations (the Argentina v. BG Group case, and the judicial assistance applications arising out of the Lago Agrio litigation, here and here). These arbitrations raise issues of public concern that are typically not present in traditional private arbitration, and therefore, there has been talk of a……
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New Article on the Hague Convention on Choice of Court Agreements
This blog covers two areas: judicial assistance to international courts or arbitral tribunals; and enforcement of international arbitral awards. There is an obvious gap in our coverage: what about enforcement of the judgments of foreign courts? The reason for the gap should be no mystery to lawyers in the field: there is no multilateral convention……
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Case of the Day: In re Chevron Corp.
Our case of the day, In re Chevron Corp. (3d Cir. 2011), is the Third Circuit’s contribution to the dozens of Lago Agrio-related judicial assistance proceedings around the country. I won’t rehash the background to the Lago Agrio case again, except to say that the Third Circuit evidentally shares my sense of the irony involved……