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Notes on Babcock Borsig and the two Comision Ejecutiva cases

Notes on Babcock Borsig and the two district court decisions in Comision Ejecutiva

24-8 Mealey's Intl. Arb. Rep. 7 (2009), Volume 24, Issue #8 (August 2009) -- NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Aug. 6 affirmed a district court's ruling granting reconsideration and vacating an order granting an ex parte application to obtain discovery to be used in a private international arbitration in relation to disputes over a contract to construct a power plant and provide power in El Salvador (El Paso Corporation v. La Comision Ejecutiva Hidroelectrica Del Rio Lempa, et al., No. 08-20771, 5th Cir.; 2009 U.S. App. LEXIS 17596).

"A subpoena for the testimony of Russian Finance Minister Alexei Kudrin was withdrawn after a US State Department opinion that Mr. Kudrin was a part of a special diplomatic mission at the time. In withdrawing the subpoena, it is important to note that this decision leaves open the possibility of future subpoenas when special diplomatic circumstances do not apply."

"Below is a a Memorandum of Law that was used in an application for the appointment of a commissioner to collect evidence - pursuant to a request for judicial assistance from the United Kingdom - that was made at the U. S. District Court for the District of Kansas on July 1, 2008."

Marubeni America Corporation v. LBA Y.K., Case No. 08-3282 (2d Cir., June 17, 2009)

Quinn Emanuel Urquhart Oliver & Hedges

by Michael G. Biggers, in: The Corporate Counselor, 8 April 2009, via Law.com - Note on Babcock Borsig

by Mark H. Alcott, in: NYSBA International Law Practicum, Vol. 21, No. 2, Autumn 2008, pp. 118-123