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Paper of the Day: S.I. Strong on the Applicability of Section 1782 to International Arbitration
S.I. Strong has posted a new and highly recommended paper on SSRN titled Discovery Under 28 U.S.C. § 1782: Distinguishing International Commercial Arbitration and International Investment Arbitration. The paper is to be published in the forthcoming issue of the Stanford Journal on Complex Litigation. I had been working on a full review of the paper,……
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Case of the Day: In re Application of Pott
The case of the day is In re Application of Pott (W.D. Wash. 2013). Pott was an Argentine businessman in the seafood business. He was the co-founder of Bentinicos de Argentina, a seafood company in Argentina, and he sold it to World Capital Properties, Ltd., a Florida firm, in order to get capital needed to……
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In re Application of Mesa Power Group, LLC: Is It Constitutional for a Magistrate Judge To Decide A Section 1782 Application?
The case of the day is In re Application of Mesa Power Group, LLC (D.N.J. 2013), the third installment in the case that we have considered. The new decision takes a view on some non-trivial issues (notably, it holds that a NAFTA arbitration is a proceeding before a foreign or international tribunal for purposes of……
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Case of the Day: In re Michael Wilson & Partners, Ltd.
The case of the day is In re Michael Wilson & Partners, Ltd. (10th Cir. 2013). We first encountered this case in June 2012. Here was my description of the case: Back in 2006, Michael Wilson & Partners, a British Virgin Islands company providing consultancy services in Kazakhstan among other places in Eastern Europe and……
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Case of the Day: Via Vadis Controlling GmbH v. Skype, Inc.
The case of the day is Via Vadis Controlling GmbH v. Skype, Inc. (D. Del. 2013). Via Vadis is the exclusive licensee of a European patent, and it sued Skye Software S.A.R.L. for infringement in Germany. Via Vadis also applied to a Luxembourg court for an Ordonnance permitting court-appointed experts to search Skype Software’s offices……