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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,……
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Case of the Day: Republic of Ecuador v. Hinchee
The case of the day is Republic of Ecuador v. Hinchee (11th Cir. 2013). I covered the case in the district court back in December 2012. You may want to read this post in conjunction with my post on Ecuador v. Bjorkman, a similar case in the Tenth Circuit. As in Bjorkman, the main question……
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Case of the Day: Fitzpatrick International Ltd. v. Equatorial Guinea
The case of the day is Fitzpatrick International Ltd. v. Republic of Equatorial Guinea (S.D. Tex. 2013). In 2004, Equatorial Guinea made a contract with Fitzpatrick Equatorial Guinea Ltd., whose majority owner was Fitzpatrick Gibraltar Ltd., for the construction of a highway between the airport in Malabo and the town of Ela Nguema. Disputes were……
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Case of the Day: Republic of Ecuador v. Bjorkman
The case of the day is Republic of Ecuador v. Bjorkman (10th Cir. 2013). When I wrote about the case in August 2011, the issue was whether the court should grant Ecuador leave to serve a subpoena on Bjorn Bjorkman, one of Chevron’s environmental experts. I was mainly concerned with an interesting issue of statutory……
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Case of the Day: Sea Hope Navigation v. Novel Commodities
The case of the day is Sea Hope Navigation, Inc. v. Novel Commodities, SA (S.D.N.Y. 2013). Sea Hope claimed that it had chartered a vessel to Novel. Holders of a bill of lading later asserted claims against Sea Hope for damage to the cargo caused by “rough handling.” Sea Hope commenced an arbitration against Novel……