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Lars Bauer

Judge Finds Panel Does Not Qualify As Foreign Tribunal Under Section 1782 (Operadora DB... - 0 views

  • Judge Finds Panel Does Not Qualify As Foreign Tribunal Under Section 1782, ORLANDO, Fla. -, Mealey's International Arbitration Report, August 2009, 24-8 Mealey's Intl. Arb. Rep. 8 (2009), Volume 24, Issue #8
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    Mealey's International Arbitration Report, Volume 24, Issue 8, August 2009, p. 8 -- ORLANDO, Fla. - A Florida federal judge on Aug. 4 refused to adopt a portion of a magistrate judge's recommendation that the court order discovery for use in an arbitration proceeding over franchise rights in Mexico, finding that the private arbitral panel did not qualify as a foreign or international tribunal under 28 U.S. Code Section 1782 (In re: Application of Operadora DB Mexico S.A. DE C.V., No. 6:09-cv-383-Orl-22GJK, M.D. Fla.; 2009 U.S. Dist. LEXIS 68091)
Lars Bauer

Fulbright & Jaworski - 2009 International Arbitration Report - 0 views

  • Applications Under Section 1782 to Obtain Discovery in International Arbitration
Lars Bauer

The Mandatory / Non-mandatory Character of the Evidence Convention [PDF] - 0 views

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    drawn up by the Permanent Bureau of the Hague Conference on Private International Law, December 2008
Lars Bauer

Section 1782: Big News For International Reinsurance Arbitrations (Mary A. Lopatto, Mar... - 0 views

  • Section 1782: Big News For International Reinsurance Arbitrations, Mealey's Litigation Report: Reinsurance, March 20, 2009, 19-22 Mealey's Litig. Rep. Reinsurance 14 (2009), Volume 19, Issue #22
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    Mealey's Litig. Rep. Reinsurance, Vol. 19, Issue 22 (March 20, 2009), p. 14
Lars Bauer

ICDR Conference Covers International ADR Issues - 0 views

  • The panel also discussed the implications of 28 USC 1782 for international arbitration. Robert Smit, of Simpson Thacher & Bartlett, said "discovery should be available under 1782 in aid of foreign and international arbitration provided the discovery application is made or approved by the arbitral tribunal." Smit, chairman of the International Commercial Dispute Committee of the Association of the Bar of the City of New York, said the committee will soon issue a report on best practices vis-à-vis Section 1782 and international arbitration.
Lars Bauer

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

  • 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

Federal District Court Refuses to Enforce Subpoena for Foreign Insurance Arbitration (A... - 0 views

  • The named insured and named party in a London reinsurance arbritration requested that the district court order a non-party witness to testify in the arbitration.
  • The non-party argued that the scope of 28 U.S.C. §1782 was limited to only governmental entities.
  • While the District Court conceded that the court’s powers under 28 U.S.C. §1782 have been expanded over the past several years, the Intel decision did not specifically reference private arbitrations as one of those areas in which the statute granted authority.  The District Court, therefore, declined to follow several subsequent decisions which interpreted the Intel decision to apply to private arbitrations.
  • ...1 more annotation...
  • The court distinguished between "state-sponsored arbitral bodies" (i.e. UNCITRAL) and "purely private arbitrations." In so doing, it adopted the minority position on the issue.
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    In re an Arbitration in London, England between Northfolk Southern Corp. et al v. ACE Bermuda LTD (Northern District Ill., June 15, 2009). -- With link to fulltext PDF of the decision
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