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Lars Bauer

Kluwer Arbitration Blog » Non-Party Discovery in International Arbitration - 0 views

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arbitration discovery USA FAA

shared by Lars Bauer on 02 Apr 09 - Cached
  • Lars Bauer on 02 Apr 09
     
    by Paul Friedland for White & Case, March 11, 2009 - Note on Life Receivables Trust v. Syndicate 102 at Lloyd's of London, 549 F.3d 210 (2d Cir. Nov. 25, 2008)
Lars Bauer

Fifth Circuit Affirms Denial of Request for Discovery for Use in a Private In... - 0 views

www.insurereinsure.com/BlogHome.aspx

28-USC-1782 discovery arbitration Comision-Ejecutiva case-notes cases

shared by Lars Bauer on 04 Sep 09 - Cached
  • Lars Bauer on 04 Sep 09
     
    Note on El Paso v. La Comision Ejecutiva Hidroelectrica del Rio Lempa, No. 08-20771 (5th Cir. Aug 6, 2009) with PDF of decision
Lars Bauer

Mixing International Arbitration With U.S. Discovery: A cocktail to be consumed careful... - 0 views

www.law.com/...PubArticleIHC.jsp

28-USC-1782 arbitration discovery case-notes Babcock-Borsig

shared by Lars Bauer on 17 Jun 09 - Cached
  • Lars Bauer on 30 Jun 09
     
    by Michael G. Biggers, in: The Corporate Counselor, 8 April 2009, via Law.com - Note on Babcock Borsig
Lars Bauer

United States: Developments In U.S. Law Regarding A More Liberal Approach To ... - 0 views

www.mondaq.com/article.asp

28-USC-1782 USA discovery

shared by Lars Bauer on 02 May 09 - Cached
  • Lars Bauer on 02 May 09
     
    Apr 30, 2009 by Robert W. Gaffey and Bridget A. Crawford (Jones Day via Mondaq) - Einführender Überblick über Voraussetzungen und Rechtsprechung
Lars Bauer

May Courts Assist Private International Arbitration? The judicial split over ... - 0 views

www.law.com/...PubArticleIHC.jsp

28-USC-1782 arbitration articles

shared by Lars Bauer on 19 Mar 09 - Cached
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  • Lars Bauer on 19 Mar 09
     
    Sofia E. Biller and Howard S. Suskin, March 19, 2009
Lars Bauer

Fulbright & Jaworski - Second Issue of 2009 International Arbitration Report (Dec 1, 2009) - 0 views

www.fulbright.com/index.cfm

arbitration 28-USC-1782 EuGVVO

shared by Lars Bauer on 08 Dec 09 - Cached
  • Major topics include: Update on the Dubai International Financial Centre Foreign Arbitral Awards and Chinese Courts Arbitration and EU Regulation 44/2001 Section 1782 Update
Lars Bauer

Skillful Ways of Gathering and Using Discovery Abroad | International Asset Recovery La... - 0 views

www.internationalassetrecoverylaw.com/...nd-using-discovery-abroad.html

civil-procedure discovery netherlands 28-USC-1782 usa

shared by Lars Bauer on 15 Dec 09 - Cached
  • For instance, in the Netherlands, Dutch courts have held that evidence obtained under Section 1782 may be used in proceedings there.  Under Dutch civil procedure, a party may request production of documents. Courts have decided that only documents relevant to the outcome of the proceedings will be produced and to grant such request, the  applicant's claim must be well-reasoned and at least not be obviously without merit. If it is not certain that the documents exist, Dutch courts will not order their production. There is also a conflict among court decisions as to whether only documents where the applicant is a party to the legal relationship can be produced. Hence, Dutch discovery can be very limiting.
  • Dutch courts have ruled that evidence obtained pursuant to Section 1782 is admissible in the Dutch proceeding since it was not unlawfully obtained.
Lars Bauer

Iyandra's Take: Anti-Suit Injunctions: Why they're so Hard to Get! | Apr 29, 2010 - 0 views

iyandrabryan.blogspot.com/...injunctions-why-theyre-so.html

Cayman-Islands USA cases decisions cross-border-litigation anti-suit-injunction 28-usc-1782

shared by Lars Bauer on 02 May 10 - Cached
  • Lars Bauer on 02 May 10
     
    Note on Phoenix Meridian Equity Limited v Lyxor Asset management S.A., CICA No, 4 of 2009 (Court of Appeal of the Cayman Islands) - "The issue raised by the appeal is whether the Chief Justice erred in principle in refusing an application on behalf of Lyxor for an order restraining Phoenix from continuing proceedings in the United States District Court for the Southern District of New York under [ 28 U.S.C. § 1782 ] in the course of which it seeks to depose two individuals (...) who have given witness statements in, and are potential witnesses at the trial of the Cayman proceedings."
Lars Bauer

Alford: Chevron's Discovery of Crude Outtakes | Roger Alford, Opinio Juris, May 7, 2010 - 0 views

opiniojuris.org/...ns-discovery-of-crude-outtakes

28-USC-1782 discovery arbitration ICSID Chevron-Case case-notes

shared by Lars Bauer on 12 May 10 - Cached
  • Lars Bauer on 12 May 10
     
    "Yesterday a federal court in New York granted Chevron's request for discovery of outtakes from the 2009 documentary Crude about the multi-billion dollar litigation in Ecuador. Chevron's request was pursuant to 28 U.S.C. 1782, which authorizes a judge in the United States to order discovery of evidence to be used in proceedings before a foreign tribunal." -- Also published on Kluwer Arbitration Blog: http://kluwerarbitrationblog.com/blog/2010/05/07/chevrons-discovery-of-crude-outtakes/
Lars Bauer

Karadelis: Chevron gets access to film footage under section 1782 | Global Arbitration ... - 0 views

www.globalarbitrationreview.com/...28407

28-USC-1782 discovery arbitration USA Ecuador ICSID Chevron-Case

shared by Lars Bauer on 16 May 10 - Cached
  • Lars Bauer on 16 May 10
     
    "Affirming for the first time that section 1782 applications extend to treaty arbitrations, a New York court has allowed Chevron to access 600 hours of unreleased footage from a 2009 documentary film, to be used as evidence in an arbitration with Ecuador and other legal proceedings."
Lars Bauer

Protecting Against Discovery Demands Under 28 U.S.C. § 1782 | by Kevin M. Dec... - 0 views

www.briggs.com/-under-28-usc--1782-07-10-2009

28-USC-1782 arbitration defenses

shared by Lars Bauer on 20 Aug 09 - Cached
  • A disturbing trend in private arbitrations is the use of 28 U.S.C. § 1782 to compel discovery through federal court subpoenas.
  • Subpoenaed companies and individuals have ample defenses to protect against such costly, intrusive, and often untoward schemes.
  • The Roz court curiously read Intel to have changed the landscape, even though the Supreme Court’s decision did not and had no reason to consider § 1782’s use in private arbitrations.  Even more surprising is that other courts have embraced the Roz rationale over the well-reasoned holdings of the Second and Fifth Circuits.
  • ...6 more annotations...
  • A § 1782 target’s first defense should be the NBC and Biedermann precedents, which remain good law.
  • If anything, the Supreme Court’s statutory analysis bolstered the tying of § 1782 demands to foreign-government-related proceedings.
  • Additionally, there are serious constitutional problems with § 1782.  Article III to the Constitution strictly limits federal court jurisdiction to legal disputes either “arising under” federal law, based upon certain party characteristics (e.g., diversity of citizenship), or turning upon maritime or admiralty causes of action.  With § 1782, however, the statute purports to grant jurisdiction regardless of Article III considerations,
  • Although the federal courts have not yet spoken on this defense, it is apparent that § 1782 jurisdiction lacks a solid constitutional basis.
  • Finally, § 1782 applications are granted as a matter of judicial discretion.
  • In sum, there is no reason to surrender to a § 1782 discovery request.
Lars Bauer

Obtaining US Discovery Is Not Imperiled When Pursuing Foreign Recovery | International ... - 0 views

www.internationalassetrecoverylaw.com/...pursuing-foreign-recovery.html

28-USC-1782 discovery canada cases

shared by Lars Bauer on 25 Jul 09 - Cached
  • In many foreign jurisdictions, discovery can be onerous from non-parties. For instance, in Canada, discovery will only be allowed if a) the moving party has been unable to obtain the information from other persons, b) it would be unfair to require the moving party to proceed to trial without the opportunity to obtain the discovery and c) the discovery will not entail unreasonable expenses or unfairness to the non-party.
  • Canadian courts have viewed the use of Section 1782 favorably in proceedings pending there.
  • In CC Chemicals Ltd. v. Sternson Ltd., (1980) 116 D.L.R. (3d) 239 (S.C.), the court permitted Section 1782 to fill a procedural gap since it did not otherwise interfere with the Canadian action.
  • ...1 more annotation...
  • In Penty v. Law Society of British Columbia, (1999) 69 B.C.L.R. (3d) 159 (S.C.), the court concluded that a Canadian court will generally be reluctant to prevent a party from gathering evidence extraterritorially. Efforts to gather evidence in the US did not present a comity concern nor an overriding issue of unfairness.
Lars Bauer

Fulbright & Jaworski - 2009 International Arbitration Report - 0 views

www.fulbright.com/iar32

arbitration 28-USC-1782 e-discovery reports Fulbright 2009

shared by Lars Bauer on 16 Jun 09 - Cached
  • Applications Under Section 1782 to Obtain Discovery in International Arbitration
Lars Bauer

[PDF] The Unequal Playing Field: Companies Subject to Section 1782 in International Arb... - 0 views

www.fulbright.com/...BenchmarkLit2009.pdf

28-USC-1782 arbitration articles

shared by Lars Bauer on 08 Mar 09 - No Cached
  • Lars Bauer on 08 Mar 09
     
    Fulbright & Jaworski LLP. Abstract: "Some parties to international arbitration proceedings have recently applied to courts in the US pursuant to § 1782 of Title 28 of the US Code to obtain discovery in "aid" of arbitration. The following discussion briefly addresses section 1782 and its applicability in international arbitration proceedings, issues that might arise as a result of section 1782 filings made in international arbitrations and ways to alleviate these issues."
Lars Bauer

Pedro J. Martinez-Fraga / Transnational Dispute Management @ www.transnational-dispute-... - 0 views

www.transnational-dispute-management.com/...author_detail.asp

28-USC-1782 articles

shared by Lars Bauer on 08 Mar 09 - Cached
  • Application and Avoidance of §28 U.S.C. §1782 Discovery in International Commercial Arbitration; Can the New York Convention and the Doctrine of "Manifest Disregard of the Law" Help or Hurt? TDM Volume 6, issue #01 - March 2009
Lars Bauer

EXTRADITION AND FOREIGN EVIDENCE: 28 USC 1782: Swiss party can use to obtain evidence - 0 views

obtainingforeignevidence.blogspot.com/...82-swiss-party-can-use-to.html

28-USC-1782 discovery decisions Weber_Finker

shared by Lars Bauer on 17 Jan 09 - Cached
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  • The Appellants are shareholders in Itera Group, Ltd., a Cypriot corporation, who all reside in Jacksonville, Florida (“Florida shareholders”).
  • The Florida shareholders appeal the Magistrate Judge’s April 15, 2008 Order granting in part and denying in part Galina Weber’s Motion to Compel Discovery, and thedistrict court’s May 20, 2008 affirmance of that Order.
  • Weber is a citizen of Switzerland and a resident of Monaco. Like the Florida shareholders, she is a shareholder of Itera Group.
  • ...4 more annotations...
  • Weber is involved with two separate foreign legal actions. Both involve business transactions with Itera Group. Weber is the plaintiff in a Cypriot civil action. She is also the defendant in a Swiss criminal action, which Itera instituted against her, alleging that she received property embezzled from the company.
  • Weber filed a civil lawsuit in Cyprus against Itera Group, the CEO of Itera Group, Igor V. Makarov, and Sweet Water Intervest Corporation, which is a British Virgin Islands corporation that Weber alleges is controlled by Makarov.
  • After Weber instituted the Cypriot action, Gas Itera, an Itera Group subsidiary, filed criminal charges against Weber in Switzerland, alleging that Weber embezzled Itera Group assets.
  • The Supreme Court held in Intel that discovery under § 1782 is not limited to discovery that would be allowed under United States law “in domestic litigation analogous to the foreign proceeding.” See Intel, 542 U.S. at 263, 124 S. Ct. at 2483.
  • Lars Bauer on 17 Jan 09
     
    The Eleventh Circuit in Weber v Finker ruled that a Swiss national can use 28 USC 1782, and is not limited to the Swiss-US mutual legal assistance treaty, for purposes of obtaining evidence in Swiss proceedings, which include a Swiss criminal proceeding.
Lars Bauer

Biller & Suskin: May Courts Assist Private International Arbitration? The jud... - 0 views

www.law.com/...PubArticleCC.jsp

28-USC-1782 arbitration discovery law

shared by Lars Bauer on 23 Jan 10 - Cached
  • Lars Bauer on 23 Jan 10
     
    by Sofia E. Biller and Howard S. Suskin
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