Skip to main content

Home/ 28 USC § 1782/ Group items tagged cases

Rss Feed Group items tagged

Lars Bauer

Born: More Uncertainty about § 1782's Extension to International Arbitral Pro... - 0 views

  • While the court in Chevron said little else about the applicability of § 1782, an opinion issued by a federal magistrate judge in the Southern District of Florida one week before, in In re Winning (HK) Shipping Co. Ltd., offered a detailed approach to determining whether a private international arbitral tribunal is a foreign tribunal that qualifies for judicial assistance under § 1782. Specifically, the court in Winning discussed a functional test for determining whether an international arbitral tribunal qualifies as a foreign tribunal under § 1782.
  • The Winning opinion is yet another addition to the growing body of conflicting case law on whether, and if so when, judicial assistance under § 1782 is available to parties in international arbitral proceedings – a body of conflicting case law that ultimately will need to be clarified by the federal appellate courts and possibly by the U.S. Supreme Court.
  • should analyze, among other things, whether the tribunal: (1) has the ability to gather evidence; (2) is obligated to apply the law to the facts in an impartial manner; (3) has the authority to issue a binding decision; (4) will issue opinions that are judicially reviewable; and (5) is state-sponsored or purely private.
  • ...5 more annotations...
  • the issue of whether a decision is judicially reviewable is of decisive importance
  • the Winning court concluded that “to the extent the arbitration forum at issue is subject to the Arbitration Act 1996 (of England) or . . . the rules of the London Maritime Arbitrators Association, Winning is proceeding before a ‘foreign tribunal.’”
  • Under the functional test applied by the Winning and Operadora courts, only private arbitrations sited in jurisdictions where awards can be judicially reviewed qualify as “foreign tribunals” under § 1782. It is not clear, however, when exactly an arbitral award can be said to be judicially reviewable for the purpose of this functional test.
  • the current variance in opinions on the applicability of § 1782 to international arbitration suggests that it is unlikely that a uniform approach will emerge any time in the near future.
  • strengthens the case for why the federal appellate courts – and, if a circuit split emerges, the U.S. Supreme Court – should address sooner rather than later whether, and if so when, § 1782 extends to cover proceedings before international arbitral tribunals.
  •  
    Note by Gary Born (WilmerHale) on Application of Winning (HK) Shipping Co. Ltd., 2010 WL 1796579 (S.D. Fla. Apr. 30, 2010)
Lars Bauer

Case of the Day: Chevron Corp. v. Salazar | Letters Blogatory - 0 views

  • The case involves the adequacy of Chevron’s privilege log. The magistrate judge reviewed the supposedly privileged documents at issue in camera.
  • The case illustrates the (unfortunately common) misuse of claims of privilege in US civil litigation.
  •  
    Chevron Corp. v. Salazar (S.D.N.Y. 2011)
Lars Bauer

Case of the Day: In re Republic of Ecuador | Letters Blogatory - 0 views

  •  
    The case of the day, In re Republic of Ecuador (E.D. Cal. 2011), is yet another application for judicial assistance arising out of the Lago Agrio litigation (prior coverage here).
Lars Bauer

Section 1782 Discovery. District court grants motion to quash subpoenas as improperly i... - 0 views

  •  
    Baker & McKenzie, International Litigation & Arbitration, March 2008, Vol. 8, Issue 3. Case note on In re Godfrey, 526 F. Supp. 2d 417 (S.D.N.Y. 2007)
Lars Bauer

Second Circuit Affirms Simpson Thacher Victory in Section 1782 Application for Discover... - 0 views

  •  
    short note on Marubeni case
Lars Bauer

Beweise aus den USA verschaffen | German American Law Journal : US-Recht auf Deutsch on... - 0 views

  • In Sachen Marubeni America Corporation v. LBA Y.K., Az. 08-3282, stellte die amerikanische Zeugin auf die Grenzen des japanischen Beweisrechts ab. Das Bundesberufungsgericht des zweiten US-Bezirks entschied jedoch nach der lesenswerten Erörterung der Präzedenzfälle, dass das US-Gericht nicht daran gebunden ist.
  •  
    Marubeni America Corporation v. LBA Y.K., Case No. 08-3282 (2d Cir., June 17, 2009)
Lars Bauer

Applied Discovery: In re 28 U.S.C. § 1782, 2008 U.S. Dist. LEXIS 30617 (S.D.... - 0 views

  •  
    Case Summary
Lars Bauer

Michael Nolan & Lesley Benn, New Approach Creates Paradox for US Parties, Global Arbitr... - 0 views

  •  
    "Recent decisions on section 1782 could put US companies at a disadvantage in international arbitration." - Short overview of case law from Intel to Roz Trading.
Lars Bauer

Westlaw case watch - 0 views

  • In re Application of Peter Damien MARANO for Order to Take Discovery Pursuant to 28 U.S.C. § 1782. , N.D.Cal., February 25, 2009ORDER D. LOWELL JENSEN, District Judge. On February 12, 2009, Peter Damien Marano ("Marano") filed an application to take discovery pursuant to 28 U.S.C. § 1782. On February 20, 2009, Frances F. Bowes ("Bowes") filed a letter brief in opposition. Having considered the papers submitted and the applicable law, the Court hereby DENIES the application. I. BACKGROUND A. Factual Background and Procedural History Marano is a party in a divorce proceeding in London, England. According to Marano, th...
Lars Bauer

Moore: A Sea Change in 28 U.S.C. § 1782 Cases? U.S. Fifth Circuit and Two Dis... - 0 views

  •  
    by Abram I. Moore (Chicago) - Note on El Paso Corp. v. La Comision Ejecutiva Hidroelectrica Del Rio Lempa (5th Cir. Aug 6, 2009) and the two district court decisions in In re: Application of Operadora DB Mexico, S.A. de C. V. (Fla.) and In re An Arbitration in London, England (Ill.)
Lars Bauer

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

  •  
    "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

Applied Discovery | Law: Case Summary Alert - 0 views

  • The Michael Wilson law firm had litigation underway in England and Australia against several of its former members or employees who allegedly breached their contractual and fiduciary duties to the firm when they left and took with them clients of the firm involved in mineral, oil and gas, and precious metal mining investment projects in Kazakhstan. Two of the clients were companies with headquarters in an office in Denver.
  • In order to obtain discovery of documents from the two companies in Colorado, the Wilson law firm applied for an Order of Judicial Assistance under 28 U.S.C.S. § 1782
  • The Wilson law firm's application (a copy is available here) was successful, but with one caveat. The court upheld a $500,000 cost bond imposed on the firm due to the cost of the discovery being sought, an earlier order for cost-sharing, and the freezing of certain assets of the firm. The Wilson firm argued that imposition of a pre-judgment cost bond as a condition for Section 1782 discovery was unprecedented, but the court held that a proceeding under Section 1782 was governed by Fed. R. Civ. P. 26, which vested the court "with considerable discretion to specify conditions and limits for discovery, particularly electronic discovery."
  •  
    In re Application of Michael Wilson and Partners, Ltd., 2011 U.S. Dist. LEXIS 90954 (D. Colo. Aug. 15, 2011)
Lars Bauer

"Navigating Between German and US Discovery Provisions" - 0 views

  • I have a new article, written with my Silicon Valley colleague Tamara Fraizer, live now on IP360 (IP360 subscription required): http://www.law360.com/articles/270953/navigating-between-german-and-us-discovery-provisions
  •  
    The article discusses the interaction between the US law which provides for discovery in aid of foreign litigation (28 USC 1782), the recent 7th Circuit opinion interpreting that statute (the Biomet case), and German discovery proceedings.As we are increasingly seeing "parallel proceedings" in the United States and Germany, especially within the technology and biopharma realms, complex strategic choices are emerging.
Lars Bauer

United Kingdom, Litigation and Arbitration, Effective Use Of Discovery Obtain... - 0 views

  •  
    Apr 30, 2009, by Sion Richards and Harriet Territt (Jones Day via Mondaq) - "In proceedings before the English courts, there are specific rules of civil procedure that can be used to obtain discovery from U.S.-based persons who are not directly involved in the litigation. However, it is often the case that a direct application to the U.S. courts for discovery pursuant to 28 U.S.C. § 1782 will be quicker and will give rise to a wider scope of disclosure."
Lars Bauer

Squire Sanders | Professionals | Pedro J. Martinez-Fraga | International Dispute Resolu... - 0 views

  • Representing the Consejo de Defensa del Estado de la República de Chile in a pre-action 28 U.S.C. 1782 proceeding to solicit discovery in aid of criminal cases filed in Chile against former President Augusto Pinochet.
1 - 20 of 58 Next › Last »
Showing 20 items per page