Tag: arbitration

  • Case of the Day: In re Application of Chevron Corp.

    From the Blogatory Lago Agrio desk, and from my home base here in Massachusetts, comes today’s case of the day, In re Application of Chevron Corp., Civ. A. No. 10-MC-30022 (D. Mass. 2010). We reviewed the background of the epic Ecuadoran environmental litigation in the January 14 post on Chevron Corp. v. Berlinger. Bonifaz, once……

  • Gary Born on In re Caratube

    In my post on arbitral tribunals as “tribunals” under the judicial assistance statue, I raised the following objection to the cases holding that an arbitral tribunal is a “tribunal” for purposes of the statute: why should a party to an international arbitration, who is plainly an “interested party” under the judicial assistance statute, have the……

  • Noteworthy Article on Arbitration and the Judicial Assistance Statute

    Kudos to Jenna Godfrey of American Univerity Law School on her new article, Americanization of Discovery: Why Statutory Interpretation Bars 28 U.S.C. § 1782(a)’s Application In Private International Arbitration Proceedings, 60 Am. U. L. Rev. 475 (2010), which has just been posted on Westlaw. Godfrey makes a sound argument that the foreign arbitral tribunals should……

  • Case of the Day: International Trading & Industrial Investment Co. v. Dyncorp Aerospace Technology

    The case of the day, International Trading & Indus. Inv. Co. v. DynCorp Aerospace Tech., No. 09-791 (D.D.C. Jan. 21, 2011), is Judge Walton’s second opinion on confirmation of an international arbitral award in a week.  Way to go, Judge Walton! DynCorp was a logistics and security contractor for the U.S. military in Qatar. International……

  • Case of the Day: Argentina v. BG Group

    The Blogatory case of the day is Republic of Argentina v. BG Group, plc, Civ. A. No. 08-485 (D.D.C. Jan. 21, 2011), a decision on confirmation of an arbitral award under the Argentina-U.K. bilateral investment treaty. After the financial crisis of 2001, the Argentine government enacted emergency legislation that, according to BG Group, an investor……