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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……
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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……
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Digest: January 16, 2011
Gannon Int’l, Ltd. v. Blocker, Civ. A. No. 10-835 (E.D. Mo. Jan. 13, 2011). The court approved service of a summons and complaint by personal delivery to a U.S. citizen defendant in Vietnam (not a party to the Hague Service Convention) under Fed. R. Civ. P. 4(f)(2)(C)(i), on the grounds that Vietnam law does not……
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Beck’s Superior Hybrids v. Monsanto: Enforcing an Arbitrator’s Subpoena
Beginning today, Letters Blogatory is going to cover cases on the enforcement of international arbitral awards and judicial assistance to international arbitral tribunals. The discussions about the scope of the judicial assistance statute we’ve had just in the first week (here and here) suggest to me that arbitration is closely linked to questions of judicial……
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Case of the Day:Chevron Corp. v. Berlinger
It’s a big day at Letters Blogatory—our first appellate Case of the Day! The case is Chevron Corp. v. Berlinger. It arose out of the epic Lago Agrio litigation. You may remember the case as an example of why you should be careful what you wish for: Ecuadorian plaintiffs had filed a class action alleging……