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More Servotronics Action
Back in March 2020, the Fourth Circuit issued a decision in the Servotronics case, holding that courts had the power, under § 1782, to order discovery in aid of a private international arbitration outside the United States. Continue Reading More Servotronics Action
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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: Servotronics v. Rolls-Royce
The case of the day is Servotronics, Inc. v. Rolls-Royce PLC (7th Cir. 2020). I wrote about a related Fourth Circuit case earlier this year. The case deepens the circuit split on whether Section 1782 reaches private foreign arbitrations. The Fourth and Sixth Circuits have recently said “yes.” The Second and Fifth Circuits had said……
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Cert. Watch: Changzhou SinoType v. Rockefeller
Readers, here is the petition for cert. in Changzhou Sinotype Technology Co. v. Rockefeller Investments (Asia) VII, a case from the California Supreme Court that you’ll remember from this spring. Here are the facts in a nutshell. A US company wins a big arbitral award against a Chinese company in a US-based arbitration. Rather than……