In Re Alpene Ltd - United States District Court Eastern District of New York Case No 1-21-mc-02547 - Memorandum and Order - 27 October 2022

Country
Year

2022

Summary

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In sum, I find insufficient support for the argument that Malta and China intended to imbue the ICSID arbitration panel with governmental authority. It therefore does not qualify as a "foreign or international tribunal" under § 1782, and McCaul's motion to vacate and for an order quashing and granting a protective order with respect to Alpene's document and deposition subpoenas is hereby granted.

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