Letters Blogatory

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

Posts tagged “1782

More Servotronics Action

Posted on April 22, 2021

Back in March 2020, the Fourth Circuit issued a decision in the Servotronics case, holding that courts had the power, under § 1782, to order discovery in aid of a private international arbitration outside the United States. Its decision was at odds with the Seventh Circuit’s decision later that year, adding to the circuit split that resulted in the Supreme Court’s decision to grant cert. to resolve the split. But while Servotronics pushes ahead in its attempt to get evidence for use in the case, it faces enormous time pressure: the arbitrators recently refused to continue the hearing, now scheduled for May 10, in order to allow time for the § 1782 proceedings to reach a conclusion. Following the Fourth Circuit’s decision, the case…

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Yet Another Servotronics Update: Tribunal Declines To Continue Hearing

Posted on March 23, 2021

Okay, here is yet another Servotronics update, occasioned by an intrepid reader who sent me a copy of the Third Interim Award in the underlying arbitration. Servotronics had sought an adjournment of the hearing, now scheduled for May 2021, but the court denied the request. Check out paragraph 23: For completeness, we should add that the Respondent also relied, though very much as a subsidiary argument, on the possibility that an adjourned hearing might benefit from further evidence received in the § 1782 proceedings. We doubt if this is a significantly more realistic prospect in October than it would be in May. In all the circumstances, this is not a compelling reason for an adjournment. There is no chance that Servotronics will have the…

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Supreme Court Grants Cert. In Servotronics Case

Posted on March 22, 2021

Today the Supreme Court granted the petition for a writ of certiorari in the Servotronics case. This is the case that will (we hope!) address the most significant outstanding circuit split in Section 1782 practice today: does the statute allow the federal courts to order discovery in the United States in aid of a private international arbitration seated abroad? I’ve written about the case a few times before, both substantively and procedurally. On the procedural front, it will be interesting to see whether the Court can get to the case in sufficient time for a decision before the issue becomes moot—there were some interesting hijinks in the petition stage indicating the petitioner is worried about this. On the substantive front, the questions are interesting…

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