Case of the Day: Servotronics v. Boeing
The case of the day is Servotronics, Inc. v. The Boeing Co. (4th Cir. 2020). Servotronics was a supplier to Rolls Royce, which manufactured engines for use on Boeing’s 787 Dreamliner airplane. Following a 2016 testing accident, Rolls Royce settled Boeing’s claim for damages and then sought indemnification from Servotronics. The parties arbitrated their dispute in the UK. Servotronics brought an application in South Carolina under 28 U.S.C. § 1782 seeking issuance of subpoenas to two Boeing employees. The case thus set up one of the big open questions in § 1782 practice: is a private foreign arbitral tribunal a “tribunal” for purposes of the statute? (more…)