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Case of the Day: Mont Blanc v. Khan
The case of the day is Mont Blanc Trading Ltd. v. Khan (S.D.N.Y. 2014). Mont Blanc, which had won an arbitral award at the LCIA and then won confirmation at the English High Court, came to the US seeking recognition and enforcement. But a simple error will send Mont Blanc back to the drawing board.
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Case of the Day: In re Pinchuk
The case of the day is In re Pinchuk (S.D. Fla. 2014). The proceeding was an application under § 1782, and the question was whether the application should be consolidated with an earlier application pending in the same court.
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Case of the Day: Thai-Lao Lignite Co. v. Laos
The case of the day is Thai-Lao Lignite Co. v. Government of the Lao People’s Democratic Republic (S.D.N.Y. 2014). I’ve covered the case several times before. Here is my brief description from my first post on the case:
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Case of the Day: In re Application of Pinchuk
The case of the day is In re Application of Pinchuk (D. Wyo. 2014). We saw a related application back in October 2013. As in the earlier case, Pinchuk sought evidence for use in an LCIA arbitration; additionally, he sought the evidence for use in an action pending in the courts of Cyprus.
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Section 1782 and Private Arbitration: An Update
Two recent appellate cases show that the availability of discovery under 28 U.S.C. § 1782 in private international arbitrations is as unsettled as it has been at any time since the Intel decision. I’m not going to review the first case, GEA Group AG v. Flex-N-Gate Corp. (7th Cir. 2014), in any detail. Judge Posner,……