Letters Blogatory

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

Posts tagged “Kazakhstan

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 Kazakhstan

Posted on July 1, 2015

The case of the day is In re Application of Republic of Kazakhstan (S.D.N.Y. 2015). I love this case, because it raises one of my favorite issues under § 1782. In 2013, an arbitral tribunal in Sweden awarded Anatolie Stati and related parties $199 million against Kazakhstan on account of the illegal seizure of a gas plant. Kazakhstan brought an action to set aside the award in the Swedish courts, and it sought leave in New York to take discovery from Clyde & Co., which had acted as counsel for third parties in other arbitrations where the value of the gas plant was at issue. Kazakhstan’s hope was that it would find evidence that Stati had used a lower valuation for the plant in…

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