Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “1782”

Update: The Servotronics Cert. Petition

Posted on January 29, 2021

For those of you following the Servotronics case, the case about whether Section 1782 allows for discovery in aid of private foreign arbitrations, Justice Barrett has just denied Servotronics’s request to reconsider the Clerk’s routine administrative decision to enlarge the time for Boeing, the respondent, to file a response to the petition for certiorari. This increases the chance that the issue will become moot before the Supreme Court can decided it. The Justice’s decision was, as is typical in such matters, given without any opinion, but if I had to guess, I would guess that she was more concerned about docket management than the particulars of this case. The last thing I imagine the Court wants to do is to encourage more litigants to…

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Cert. Watch: Servotronics v. Rolls-Royce

Posted on January 6, 2021

Readers, I am keeping my eye on the cert. petition in Servotronics, Inc. v. Rolls-Royce plc, a case I’ve written about before, which raises the question whether § 1782 reaches private international arbitrations, or more specifically, whether such arbitrations are proceedings in a foreign or International tribunal, as the statute requires. The petition was filed in December. I’ve said before that given the existing circuit split, a well-drafted petition could be compelling. But I also have expressed some doubt about whether the parties could get the case teed up for the Supreme Court in time to avoid mootness, since under ordinary rules the arbitration still has to be pending for the Court to have jurisdiction to hear the case.

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Case of the Day: Banca Pueyo v. Lone Star Fund IX

Posted on November 2, 2020

The case of the day is Banca Pueyo S.A. V. Lone Star Fund IX (US), LP (5th Cir. 2020). The case addresses an important point about § 1782 procedure, namely, when a decision is sufficiently final to permit an appeal. I preface the discussion by saying that if you find yourself in a § 1782 appeal, you’re probably not where you want to be. If you’re the applicant appealing, the time available in the foreign proceeding for offering evidence may be short enough that an appeal can’t give you effective relief. If you’re the respondent appealing, you probably need to make a pretty good showing in order to get a discovery order stayed pending appeal. As in any other litigation, the time and expense…

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