International Courts

Arbitration Institutions and Rules, Arbitration Proceedings, Domestic Courts, Enforcement, International Courts, International Legal Theory and Teaching, Investment Arbitration

(Three Crowns LLP)/ /Leave a comment
Three Crowns LLP

Rex has recently installed himself as the benevolent dictator of a resource-rich country where many live in poverty. He took power from a government he accuses of having distributed national wealth in a grossly unfair manner. He proclaims a policy of redistributive justice, and enjoys passionate popularity among the vast disadvantaged segments of the population….

Arbitration Proceedings, Domestic Courts, Europe, International Courts, National Arbitration Laws

(University College Cork)/ /1 Comment

The European Court of Justice issued its eagerly awaited judgment in the so-called West Tankers or Front Comor case on 10 February 2009. To many in the arbitration community, especially those based in London, it will come as a disappointing, if not altogether surprising, conclusion of a lengthy legal saga, which began over eight years…

Arbitration Proceedings, Domestic Courts, International Courts, National Arbitration Laws, Section 1782 Discovery

(International Council for Commercial Arbitration)/ /1 Comment
Freshfields Bruckhaus Deringer

Parties involved in foreign litigation have a powerful U.S. discovery tool at their disposal in 28 U.S.C. § 1782(a). Section 1782(a) provides that a federal district court “may order” a person “resid[ing] or found” in the district to give testimony or produce documents “for use in a proceeding in a foreign or international tribunal…” Accordingly,…