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Yet Another Servotronics Update: Tribunal Declines To Continue Hearing
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……
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Supreme Court Grants Cert. In Servotronics Case
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……
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Update: The Servotronics Cert. Petition
For those of you following the Servotronics case, the case about whether Section 1782 allows for discovery in aid of private foreign arbitrations, Justice Barrett has just denied Servotronics’s request to reconsider the Clerk’s routine administrative decision to enlarge the time for Boeing, the respondent, to file a response to the petition for certiorari. This……
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Cert. Watch: Servotronics v. Rolls-Royce
Readers, I am keeping my eye on the cert. petition in Servotronics, Inc. v. Rolls-Royce plc, a case I’ve written about before, which raises the question whether § 1782 reaches private international arbitrations, or more specifically, whether such arbitrations are proceedings in a foreign or International tribunal, as the statute requires. The petition was filed……
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Case of the Day: Banca Pueyo v. Lone Star Fund IX
The case of the day is Banca Pueyo S.A. V. Lone Star Fund IX (US), LP (5th Cir. 2020). The case addresses an important point about § 1782 procedure, namely, when a decision is sufficiently final to permit an appeal. I preface the discussion by saying that if you find yourself in a § 1782……