Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “BIT

Case of the Day: Kazakhstan v. Lawler

Posted on January 30, 2020

The case of the day is Republic of Kazakhstan v. Lawler (D. Ariz. 2020). Big Sky Energy Corp. commenced an arbitration against Kazakhstan before ICSID, asserting a claim under the US/Kazakhstan bilateral investment treaty. The treaty does not provide protection to “any company that is controlled by non-U.S. nationals if that company does not conduct substantial business activities in the United States.” Kazakhstan sought and received leave under 28 U.S.C. § 1782 to serve a subpoena on William Lawler, Blue Sky’s principal, in order to obtain evidence to assert the jurisdictional defense. Shortly after the subpoena was served, Big Sky produced, in the context of discovery in the arbitration, the documents the subpoena had sought. Lawler then moved to quash the subpoena.

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Case of the Day: In re Application of Ruiz

Posted on October 26, 2018

The case of the day is In re Application of Ruiz (S.D.N.Y. 2018). In 2017, European and Spanish banking regulators sold Banco Popular Español, a bank they thought failing, to Banco Santander for € 1. Investors in Banco Popular then sued in the EU’s Court of Justice, and some of them also brought investor-state arbitrations against Spain under the Mexico/Spain BIT. Finally, some of the investors sought to join Spanish criminal proceedings against Banco Popular and its former managers. The investors applied to the court under § 1782 for leave to take discovery of Santander (including the Spanish bank itself, which had a US branch, and some US subsidiaries) for use in the foreign proceedings. Although the judge framed the issue as whether the…

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Lago Agrio: The Remedy

Posted on September 14, 2018

This is the third post about the new arbitral award in the Chevron/Ecuador case. The first post addressed the tribunal’s finding that the Lago Agrio judgment was ghostwritten. The second addressed the issue of estoppel as it related to the question whether Chevron had an investment in Ecuador so as to implicate the bilateral investment treaty between the United States and Ecuador. Today I am going to take a look at some of the remedies the tribunal ordered. I am planning a fourth and final post about the release Texaco obtained from the Ecuadoran government at the time it did its remediation. In case anyone is wondering, I don’t really plan to write about the merits of the claims under the investment treaty at…

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