Case of the Day: In re Application of National Syndicate for Electric Energy
Ted Folkman
Posted on January 23, 2014
The case of the day, In re Application of National Syndicate for Electric Energy (E.D. Va. 2014), is another in a recent group of unrelated cases indicating the limits of 28 U.S.C. § 1782, and in particular, the statute’s limitation to “foreign or international tribunals.” The National Syndicate for Electric Energy (SNEE) is a union of electrical workers in Cameroon. It was involved in a labor dispute with AES Corp., a US firm. In 2008, SNEE filed a complaint with a Ministry of Labor inspector seeking conciliation under the Cameroon Labor Code. Conciliation is a necessary prerequisite to arbitration. At the end of the conciliation, the labor inspector issues a report and refers the dispute to an arbitrator if the parties have not reached…