Letters Blogatory

The Blog of International Judicial Assistance
By Ted Folkman

Tag: arbitration

  • 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……

  • Case of the Day: Yugraneft Corp. v. Rexx Management Corp.

    The Blogatory case of the day, Yougraneft Corp. v. Rexx Mgmt. Corp., [2010] 1 S.C.R. 649 (Canada), is also our first foreign case. Before turning to the case itself, just a note about our international coverage: our coverage of international cases will typically lag behind our coverage of U.S. cases and will certainly be less……

  • Pre-hearing discovery in arbitration: Beck’s Superior revisited

    We recently looked at Beck’s Superior Hybrids v. Monsanto, an Indiana decision denying enforcement of an arbitrator’s subpoena on the grounds that the proper court in which to seek enforcement, under Section 7 of the FAA, was the court at the seat of the arbitration.  I thought it would be worth comparing the approach in……