-
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……
-
“Tag Service” and Section 1782
Bill Dodge has a really interesting post about a decision from the bench in an SDNY Section 1782 case, In re Fourworld Event Opportunities Fund. Decision like this are from the darkest corner of the legal dark web. They are not published. They are not available on Lexis or Westlaw, even as unpublished decisions. They……
-
Post of the Day: Lawrence Collins on Section 1782 in the UK
Lawrence Collins (Lord Collins of Mapesbury, former justice of the UK Supreme Court) has a new post at the Transnational Litigation Blog on the use and misuse of Section 1782 in aid of UK litigation. The post has a useful review of cases where the UK courts have enjoined Section 1782 applications, and cases where……
-
Interesting Post on the New English Rules on Extraterritorial Disclosure
Jonathan Shaffer-Goddard published an interesting post yesterday at the Transnational Litigation Blog about the October 2022 amendment to the English Civil Procedure Rules regarding extraterritorial disclosure orders. These are orders that the English court can grant ex parte and that can be served on a person abroad, including in the United States, for the purpose……
-
Case of the Day: In re Alpene
The case of the day is In re Alpene, Ltd. (E.D.N.Y. 2022). Alpene, a Hong Kong corporation, had a treaty arbitration claim against Malta, and it arbitration under ICSID arbitration. It sought discovery from Elizabeth McCaul, a New Yorker, under Section 1782. The case raises a question left open in the Supreme Court’s ZF Automotive……