Tag: 1782

  • Case of the Day: In re Search of Premises

    In the case of the day, In re Search of Premises Located at at 840 140th Ave. NE, Bellevue, Wash. (9th Cir. 2011), the Russian government sought judicial assistance in aid of its criminal investigation of Arkady Gontmakher for illegal crabbing. The United States and Russia are parties to a mutual legal assistance treaty, which requires the……

  • Case of the Day: In re Application of Chevron Corp.

    From the Blogatory Lago Agrio desk, and from my home base here in Massachusetts, comes today’s case of the day, In re Application of Chevron Corp., Civ. A. No. 10-MC-30022 (D. Mass. 2010). We reviewed the background of the epic Ecuadoran environmental litigation in the January 14 post on Chevron Corp. v. Berlinger. Bonifaz, once……

  • Gary Born on In re Caratube

    In my post on arbitral tribunals as “tribunals” under the judicial assistance statue, I raised the following objection to the cases holding that an arbitral tribunal is a “tribunal” for purposes of the statute: why should a party to an international arbitration, who is plainly an “interested party” under the judicial assistance statute, have the……

  • Digest for January 26, 2011

    We have a little catching up to do, so here is a digest of a couple of recent cases that are probably not going to get top billing as cases of the day. In re Application of Inversiones y Gasolinera Petroleos Venezuela, Civ. A. No. 08-20378 (S.D. Fla. Jan. 19, 2011). Like Chevron Corp. v. Berlinger, the……

  • Noteworthy Article on Arbitration and the Judicial Assistance Statute

    Kudos to Jenna Godfrey of American Univerity Law School on her new article, Americanization of Discovery: Why Statutory Interpretation Bars 28 U.S.C. § 1782(a)’s Application In Private International Arbitration Proceedings, 60 Am. U. L. Rev. 475 (2010), which has just been posted on Westlaw. Godfrey makes a sound argument that the foreign arbitral tribunals should……