Tag Archives: Discovery

Courts Continue To Show Resistance To Maintaining Under Seal or In Confidence Documents and Information Used in Court Proceedings

We have posted previously on the growing reluctance of certain courts to maintain under seal the rulings of arbitral panels in international disputes (see, for example, here).  That poses challenges to parties trying to decide whether to initiate confirmation, enforcement, … Continue reading

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District Courts Show Reluctance To Precluding Non-U.S. Expert or Consultant Access To Even Highly Confidential Material Subject to U.S. Court Imposed Orders of Confidentiality/Protective Orders

In complex commercial litigation generally, the questions typically arise concerning who can review or have access to the confidential documents or data of the adversary.  In international litigation, those questions also include “where” parties can have such access.  If a … Continue reading

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District Court Rejected Reconsideration of Discovery Ruling Requiring Disclosure of Flight Data In Connection with Plan Columbia

Venancio Aguasanta Arias, et al. v. Dyncorp, et al., Civil Action No. 01-1908 (D.D.C. 2012), denies a motion for reconsideration of a discovery order in an international litigation.   The underlying case involves allegations relating to “Plan Columbia”, where the government … Continue reading

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Ecuador Granted Section 1782 Discovery Over Chevron’s Objection

In re Republic of Ecuador and Dr. Diego Garcia Carrion’s Application Under 28 U.S.C. Sec. 1782, 2:11-mc-00052 (GSA) (E.D. Cal. 2011), is an application the Ecuador among others to take the testimony in the U.S. of one Douglas M. Mackay.  … Continue reading

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Section 1782 Discovery Ordered Against Chevron’s Environmental Expert for Use in UNCITRAL Arbitration Relating to Ecuador

A decision from a Magistrate Judge in Colorado includes some useful learning on international practice under 28 U.S.C. Section 1782.  Republic of Ecuador, et al. v. Bjorkam (Chevron), Civil Action No. 11-cv-01470-WYD-MEH (D. Colo. Aug. 2011). The underlying international litigation … Continue reading

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Having Granted Section 1782 Discovery Request Ex Parte, Court Now Concludes that Intervenors Asserting Objections Must, But Do Not, Satisfy the Heightened Rule 60(b) Standards for Vacating the Discovery Order

In re Application of Dr. Alfonso Henrique Alves Braga, in his capacity as Judicial Administrator of Petroforte Brasilerio de Petroleo Ltda, et al. pursuant to 28 U.S.C. § 1782 For Judicial Assistance in Obtaining Evidence Located in the Southern District … Continue reading

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S.D.N.Y. Upholds Discovery of Non-U.S. Bank Branches, but Only after Hague Convention Procedures Are Utilized

Tiffany (NJ) LLC, et al. v. QI Andrew, et al., 10 Civ. 9471 (S.D.N.Y. July 2011)(Mag. J. Peck), addresses international discovery issues and can serve as a refresher of several of the areas that arise frequently in international litigation. Plaintiffs … Continue reading

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Second Circuit Affirms Enforcement of Arbitral Award; Reaffirms “Manifest Disregard” Legal Availability, But Inapplicability

STMicroelectronics, N.V. (ST) v. Credit Suisse Securities (USA) LLC (CS), Dkt. No. 10-3847-cv (2d Cir. June 2011), affirms in major part the District Court’s confirmation of an arbitral award against CS. The arbitration arose from alleged and apparently proven improprieties … Continue reading

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Seventh Circuit Follows Strict Line of Authority on Attaching Non-U.S. Sovereign Assets To Satisfy Judgment

Jenny Rubin, et al. v. The Islamic Republic of Iran, et al., No. 08-2805 (7th Cir. 29 Mar. 2011), corrected decision (7th Cir. 1 Apr. 2011), is an appeal in the United States Court of Appeals for the Seventh Circuit by Iran involving … Continue reading

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Third Circuit Rejects Chevron’s Broad Section 1782 Disclosure Request: Public Disclosure of Nonprivileged Communications Cannot Waive Privilege for Privileged Communications

The most recent installment of the U.S. proceedings involving Chevron Corp., the $8.646 billion judgment against it for environmental damage rendered in Ecuador, and Chevron’s efforts to stay or avoid that judgment by proceedings here in the U.S. takes us … Continue reading

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