-
Case of the Day: Webuild v. WSP
The case of the day is Webuild S.p.A. v. WSP USA, Inc. (2d Cir. 2024). It’s a Section 1782 case seeking evidence for use in an ICSID arbitration asserting violations of the Panama-Italy bilateral investment treaty. The question in the case was whether an ICSID arbitral tribunal is a foreign or international tribunal for purposes……
-
Case of the Day: In re Insurance Co. of British Columbia
The case of the day is In re Insurance Co. of British Columbia (D. Ariz. 2024). I am giving it that name, even though the caption says, unhelpfully, “In re Ex Parte Application Pursuant to Section 204 of the Federal Arbitration Act and A.R.S. § 12-1507 For An Order To Provide Documents And/Or Appear Remotely……
-
Case of the Day: BonSens v. Pfizer
The case of the days BonSens.org v. Pfizer, Inc. (2d Cir. 2024). BonSens is an organization of “concerned scientists, medical doctors, legal experts and citizens.” It brought an action in France seeking to nullify an indemnification clause in an advance purchase agreement Pfizer and BioNTech, manufacturers of COVID vaccines, had made with the European Commission……
-
Case of the Day: United States v. Meta
The case of the day is United States v. Meta Platforms, Inc. (N.D. Cal. 2023). The Korean central authority made a request to the US central authority for judicial assistance under the Evidence Convention in aid of a Korean internet defamation lawsuit where the defendant’s identity was unknown. The letter of request sought technical and……
-
Case of the Day: In re Venequip
The case of the day is In re Venequip (7th Cir. 2023). Venequip, a Venezuelan firm, had a contract with Caterpillar Sàrl, a Swiss subsidiary of Caterpiller, Inc. to sell and service Caterpillar equipment. Caterpillar Sàrl terminated the contract, and Venequip sued in Switzerland; a choice of forum clause in the contract required that all……