Alpene, Ltd., a Hong Kong corporation, was the claimant in an investor-state treaty arbitration against the Republic of Malta before the World Bank’s International Centre for the Settlement of Investment Disputes (“ICSID”).
Alpene initiated a proceeding in district court in New York requesting an order authorizing subpoenas for documents and testimony from an individual residing in New York in connection with the ICSID arbitration. Alpene based its request on 28 U.S.C. § 1782, which authorizes federal courts to order U.S. persons to provide documents and testimony “for use in a proceeding in a foreign or international tribunal…
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In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about hiring a third party to assist with virtual hearings, especially in a digital...
By Marsha Ternus, Deborah Hylton, Michael Pitton, Amy SchmitzThis article was first published on the Arbitration Matters blog, here. In Pokornik v. SkipTheDishes Restaurant Services Inc., 2022 MBKB 178, Justice Chartier considered the principles arising from Uber Technologies Inc. v....
By Cynthia KuehlThis article was first published on the Arbitration Matters blog, here. In Goberdhan v Knights of Columbus, 2022 ONSC 3788, Justice Harris dismissed the Defendant’s motion to stay the Plaintiff’s wrongful...
By Lisa C. Munro
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