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Lars Bauer

More U.S. Courts Permit Discovery in Aid of Foreign Arbitrations, But Texas D... - 0 views

www.klgates.com/...Detail.aspx

28-USC-1782 arbitration case-notes newsletters

shared by Lars Bauer on 02 Jul 09 - Cached
  • In the Summer 2007 edition of Arbitration World, we noted that, after Intel, federal courts in New Jersey (In re Oxus Gold) and Georgia (In re Roz Trading) had interpreted Section 1782 to apply to international arbitrations. Recently, courts in Minnesota, Massachusetts and Delaware have followed suit, while a court in Texas has disagreed.
  • Although the weight of post-Intel legal authority suggests that participants in foreign arbitrations can now successfully apply for discovery in the U.S. under Section 1782, there remains a conflict in the federal district courts. Until the scope of Section 1782 is clarified by Circuit Courts of Appeals or the United States Supreme Court, a party to foreign arbitration who hopes to discover evidence in the U.S. cannot predict with certainty whether it will meet the first requirement: a recognition of the arbitral body as a “tribunal.” However, based upon the recent trend, it is likely that this hurdle will be cleared – unless the evidence lies in Texas
  • Lars Bauer on 02 Jul 09
     
    by Abram I. Moore - short notes on Hallmark Capital, Babcock Borsig and the two decisions in Comision Ejecutiva (Delaware and Texas)
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

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

Obtaining Evidence from U.S. Courts for Use in Cross-Border Disputes (Alcott, Autumn 20... - 0 views

www.nysba.org/...template.cfm

28-USC-1782 articles 2008

shared by Lars Bauer on 17 Jun 09 - Cached
  • Lars Bauer on 30 Jun 09
     
    by Mark H. Alcott, in: NYSBA International Law Practicum, Vol. 21, No. 2, Autumn 2008, pp. 118-123
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

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

www.mondaq.com/article.asp

28-USC-1782 USA UK civil-procedure arbitration discovery

shared by Lars Bauer on 30 Apr 09 - Cached
  • Lars Bauer on 30 Apr 09
     
    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

US Discovery in Aid of Foreign or International Proceedings: Recent Developments Relati... - 0 views

www.crowell.com/...-International-Proceedings.pdf

28-USC-1782 articles trends

shared by Lars Bauer on 02 May 09 - No Cached
  • Lars Bauer on 02 May 09
     
    Kurzer Überblick bis Babcock und Comision Ejecutiva (Mai 2009)
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

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

www.applieddiscovery.com/ws_display.asp

28-USC-1782 USA discovery attorney-client-privilege

shared by Lars Bauer on 02 May 09 - No Cached
  • Lars Bauer on 02 May 09
     
    Case Summary
Lars Bauer

Thailand Law Forum: Treaty Between the US and Thailand on Mutual Assistance in Criminal... - 0 views

www.thailawforum.com/...Treaty-Criminal.html

USA Thailand treaties legal-assistance criminal-law discovery 28-USC-1782

shared by Lars Bauer on 02 May 09 - Cached
  • The Treaty will not require further implementing legislation and will utilize the existing authority of the Federal courts, particularly 28 U.S.C. 1782.
Lars Bauer

Asking for Help: Judicial Assistance in Foreign Discovery under 28 U.S.C. § 1... - 0 views

www.tklaw.com/...on%20-%20Derman&Melsheimer.pdf

28-USC-1782 USA discovery articles basics 2006

shared by Lars Bauer on 02 May 09 - No Cached
  • Lars Bauer on 02 May 09
     
    Überblick über Voraussetzungen und Verfahren (2006)
Lars Bauer

Crowell & Moring: Düsseldorf International Arbitration School - 0 views

www.crowell.com/...Event.aspx

28-USC-1782 arbitration discovery presentations events education

shared by Lars Bauer on 16 May 09 - Cached
  • Birgit Kurtz will speak on September 23rd concerning discovery/disclosure and the related U.S. statute 28 U.S.C. § 1782.
Lars Bauer

Does 28 U.S.C. § 1782 Allow U.S. Courts to Order Discovery for Use in Private... - 0 views

www.kelleydrye.com/...0478

28-USC-1782 arbitration articles

shared by Lars Bauer on 16 May 09 - Cached
  • Lars Bauer on 16 May 09
     
    March 17, 2009 - Daniel Schimmel (Partner) and Melissa E. Byroade (Associate) for Kelley Drye; PDF download (Manuskript); Publikation in: International Arbitration 2009, Volume 1, published by the Practising Law Institute "The chapter focuses on Section 1782 of Title 28 of the United States Code and international arbitration. It addresses the questions: "First, do international arbitration tribunals with a foreign situs constitute 'foreign tribunals' within the meaning of § 1782?.... Second, is § 1782 actually helpful to international arbitration?" The authors also discuss the Intel Corp. v. Advanced Micro Devices, Inc. case and its impact on subsequent decisions regarding "foreign discoverability" requirements."
Lars Bauer

Developments in U.S. Law Regarding a More Liberal Approach to Discovery Reque... - 0 views

www.jonesday.com/...pubs_detail.aspx

28-USC-1782 discovery USA trends

shared by Lars Bauer on 16 May 09 - Cached
  • Lars Bauer on 16 May 09
     
    auch als PDF verfügbar
Lars Bauer

Fifth Circuit Rules on Section 1782 Discovery Motion for International Arbitration Case... - 0 views

www.karlbayer.com/blog

28-USC-1782 arbitration case-notes

shared by Lars Bauer on 19 Aug 09 - Cached
  • The court noted that in Republic of Kazakhstan v. Biedermann International, 168 F.3d 880 (5th Cir. 1999), the court held that “a ‘tribunal’ within the meaning of § 1782 did not include a private international arbitral tribunal, and thus § 1782 did not apply to discovery sought for use in such a tribunal.”
  • the Fifth Circuit was not persuaded by CEL’s argument.  The Court concluded that the issue of whether a private international arbitration tribunal  qualifies as a “tribunal” under § 1782 was not before the U.S. Supreme Court in Intel.
  • Accordingly, the court denied El Paso’s motion to dismiss the appeal as moot and affirmed the district court’s grant of the Rule 60(b) motion.
  • ...1 more annotation...
  • In  El Paso Corporation v. La Comision Ejecutiva, (No. 08-20771) (5th Cir. Aug. 6, 2009), La Comision Ejecutiva Hidroelectrica Del Rio Lempa (”CEL”) is a state-owned utility company in El Salvador and Nejapa Power Company (”NPC”) is a utility company related to  El Paso Corporation (”El Paso”), an  energy corporation based in Houston, Texas.
  • Lars Bauer on 19 Aug 09
     
    Note on El Paso Corporation v. La Comision Ejecutiva, No. 08-20771 (5th Cir. Aug. 6, 2009) where the United States Court of Appeals for the Fifth Circuit held that section 1782 does not apply for a discovery motion for use in a private international arbitration (arbitration in Geneva under the UNCITRAL Arb. Rules)
  • Lars Bauer on 19 Aug 09
     
    Note on El Paso Corporation v. La Comision Ejecutiva, No. 08-20771 (5th Cir. Aug. 6, 2009) in which the United States Court of Appeals for the Fifth Circuit held that section 1782 does not apply for a discovery motion for use in a private international arbitration (arbitration in Geneva under the UNCITRAL Arb. Rules)
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