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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……
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Case of the Day: Chiejina v. Nigeria
The case of the day is Chiejina v. Nigeria (D.D.C. 2022). I’m counsel to the petitioners, Peter Chiejina and PICCOL Nigeria Ltd. PICCOL, a Nigerian engineering firm, had a contract with the Nigerian government for the construction of gully erosion control structures in Imo State. The contract contained the following agreement to arbitrate: Any dispute,……
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Case of the Day: Preble-Rish Haiti S.A. v. Republic of Haiti
The case of the day is Preble-Rish Haiti S.A. v. Republic of Haiti (5th Cir. 2022). Preble-Rish had a contract for delivery of fuel with the Haitian government. When a dispute arose, it demanded arbitration in New York. Haiti refused to participate, and the parties cross-moved to compel and to stay the arbitration in the……
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Upcoming Event: “International Arbitration and US Discovery after Luxshare v. ZF?” at the DIS
Readers, the German Arbitration Institute, the DIS, is hosting an online discussion titled “International Arbitration and US Discovery after Luxshare v. ZF?” The panelists are Dr. Barbara Maucher of Noerr, Derek Adler of Hughes Hubbard & Reed, and me. Friend of Letters Blogatory Peter Bert, of Taylor Wessing, will moderate the discussion. The conversation will……
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Case of the Day: ZF Automotive v. Luxshare
The case of the day is ZF Automotive US, Inc. v. Luxshare, Ltd. (S. Ct. 2022). This is the big Section 1782 decision we all have been waiting for, which asks—and answers!—whether foreign arbitrations are proceedings before “foreign or international tribunals,” and therefore whether parties can obtain discovery in the US for use in foreign……