Letters Blogatory

The Blog of International Judicial Assistance

Letters Blogatory

The Blog of International Judicial Assistance

Palladian theater in Vicenza, Italy.

Case of the Day: Palladian Partners v. Province of Buenos Aires

The case of the day is Palladian Partners, LP v. Province of Buenos Aires (S.D.N.Y. 2022). In 2018, Palladian obtained a German judgment against the Province of Buenos Aires, which had defaulted on euro-denominated bonds following the 2001 financial crisis. Now it seeks recognition and enforcement of the German judgment in the Southern District of New York. The Province, which is a political subdivision of a foreign state and thus treated as a foreign state for purposes of the FSIA, moved to dismiss on venue grounds. Venue in FSIA cases against foreign states is governed by 28 U.S.C. § 1391(f),

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What Good Is Section 1783?

The International Shoe revolution, which divorced service of process from territorial jurisdiction, paved the way for easy service of process abroad. But the revolution passed subpoenas by. The law of subpoenas remains strongly territorial. FRCP Rule 45 provides that subpoenas are to be served within the United States. This distinction makes sense if you conceive of a summons as a notice but a subpoena as a command. Anyway, as a general rule, you can’t serve a US subpoena on a witness abroad. And it’s not just because the foreign country might object or because of comity. It’s because US law

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New Website: haguevidence.com!

A couple of months ago I was chatting with a well-known lawyer. He was surprised when I told him I was spending a significant amount of time on Hague Evidence Convention matters. He encouraged me to do some marketing on this. The folkman.law website covers this, but obviously people who know about me aren’t all getting the message! I also have noticed over time a real lack of—I don’t know exactly what to call it—SEO oomph in my online presence. Thus the idea for a separate website, an adjunct to my main site, focused specifically on the Convention and letters

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Case of the Day: In re VUZ-Bank JSC

The case of the day is In re VUZ-Bank JSC (W.D. Va. 2022). VUZ is a Russian bank. It sought discovery in Virginia for use in potential criminal proceedings in Dubai, that it said arose out of a fraud on the bank by Rus-AgroExport LLC, Hakan Holdings Ltd., and Hakan Agro DMMC. VUZ brought a Section 1782 application, and the court authorized the issuance of subpoenas to Agropex International and Hakan USA. Deniz Yelda Bahçeci and Alettin Bahçeci sought leave to intervene to quash the subpoenas. Deniz was the guardian of her minor children, who owned a majority stake in

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Lago Agrio: Dutch Appellate Court Affirms Decision Rejecting Ecuador’s Challenge to Arbitral Award

I’m a little late to this, but there has been a significant development in the investment treaty dispute between Chevron and Ecuador. As long-time readers know, an arbitral tribunal found that the Lago Agrio judgment was fraudulent and that Ecuador was liable to Chevron and had an obligation to suspend the Ecuadoran judgment’s enforceability. Ecuador sought to annul the award in the Dutch courts, but in 2020, the court of first instance rejected its claim. Ecuador appealed, and in the most recent decision, dated June 28, 2022, the Court of Appeal of The Hague affirmed the lower court’s decision. As

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Case of the Day: SEC v. Knox

The case of the day is SEC v. Knox (D. Mass. 2022). The SEC brought a fraud case against Roger Knox. Knox had used entities allegedly owned by Michael Gastauer to launder the proceeds of the fraud. Michael had transferred some of the laundered money to his father, Raimund Gastauer, and to entities the SEC claimed Raimund Gastauer controlled. Raimund, a German national residing in Germany, had moved, unsuccessfully, to dismiss for lack of personal jurisdiction. When that failed, he argued that he did not have an interest in some of the transferred property in question and thus was improperly

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What Good Is Section 1783?

The International Shoe revolution, which divorced service of process from territorial jurisdiction, paved the way for easy service of process abroad. But the revolution passed

Read More »
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What Good Is Section 1783?

The International Shoe revolution, which divorced service of process from territorial jurisdiction, paved the way for easy service of process abroad. But the revolution passed

Read More »

Locality

A court in Israel has ordered the government there to recognize marriages conducted by an officiant in Utah between Israelis attending remotely via videoconferencing from

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