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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: In re Newbrook Shipping
The case of the day is In re Newbrook Shipping Corp. (D. Md. 2020). Nardella Corp., a Nevis company, obtained an order from a South African court to arrest the M/V Falcon Traveller to provide security for a claim in an arbitration in Singapore regarding the arrest of another vessel, the M/V Falcon Carrier.. Newbrook……
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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……
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Book of the Day: The Globalization of Discovery
Lucas Bento, a lawyer with Quinn Emanuel, is opposing counsel in a new 1782 case I’m defending and also, from my discussions with him, a fine lawyer and a good guy, so I thought it was time to buy his book, The Globalization of Discovery: the Law and Practice under 28 U.S.C. § 1782 (2020).……