between a Party [to the BIT] and a national10 or company of the other Party arising out of or relating to (a) an investment agreement between that Party and such national or company; (b) an investment authorization granted by that Party’s foreign investment authority to such national or company; or (c) an alleged breach of any right conferred or created by [the BIT] with respect to an investment.
BIT, supra art. VI. § 1.
[T]o take all measures necessary to suspend or cause to be suspended the enforcement and recognition within and without Ecuador of the judgments by the Provincial Court of Sucumbfos, Sole Division (Corle Provincial de Justicia de Sucumbios, Sala Unica de la Corte Provincial de Justicia de Sucumbios) of 3 January 2012 and of 13 January 2012 (and, to the extent confirmed by the said judgments, of the judgment by Judge Nicolas Zambrano Lozada of 14 February 2011) against the First Claimant in the Ecuadorean legal proceedings known as "the Lago Agrio Case.
[DE40, Ex. A, ¶ 3(1)].
|Account Holder||Ending Numbers|
|Amazon Defense Front (4)||4298-00, 9048, 0404-04 and 8794|
|Luis Yanza Angamarca,12||1000|
|Jorge Enrique Jurado Mosquera,13||1986|
|Selva Viva Selviva Cia Ltda. a/k/a Selva Viva or Selva Cia, Ltda.||4450-04|
Then to try and make sure that the search for the document is thorough and we get the discovery that we are entitled to, we say, "Such documents would include the following," and we list bank statements or accounts, cancelled checks; you know the types of documents we want them to look for, and then we say, "All other documentation not specifically requested herein that relate to the account numbers," the same account numbers, "and any of the following individuals or entities.
So, to the extent that we know people who were involved in the case and appeared likely to have been receiving or putting funds into these accounts, we listed them, but it is under the umbrella of we would like all of the documents related to these 8 accounts. It is not a separate request.
[DE 73], Hr’g Tr. 66:7-19, May 4, 2012.
* * *
THE COURT: How many accounts were there? Accounts?
MS. NEUMAN: 8
THE COURT: 8?
MS. NEUMAN: That’s it.
THE COURT: Okay. And you want all documents relating to those 8 accounts, right?
MS. NEUMAN: Yes.
Id. at 66: 20-25; 67:1.
(a) The district court in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal, including criminal investigations conducted before formal accusation. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person and may direct that the testimony or statement be given, or the document or other thing be produced, before a person appointed by the court....To the extent that the order does not prescribe otherwise, the testimony or statement shall be taken, and the document or other thing produced, in accordance with the Federal Rules of Civil Procedure.
28 U.S.C. § 1782 (a).
On the basis of their statutory and regulatory authority, Banking Regulators have established a supervisory policy requiring the international banking agencies of foreign banks in the United States to function as separate/stand-alone banking operations from their foreign bank. This supervisory policy is borne out of the Banking Regulators’ legal obligation to ensure that international banking agencies in the United States operate in a safe and sound banking manner.
Id. at ¶ 10.
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