Tag Archives: arbitration

Case of the Day: Yukos Capital v. Samaraneftegaz

The case of the day is Yukos Capital S.A.R.L. v. Oio Samaraneftegaz (2d Cir. 2014). In 2004, Yukos loaned Samaraneftegaz almost 2.5 billion rubles. The loan agreement had an arbitration agreement providing for arbitration before the ICC. Samaraneftegaz defaulted, and Yukos demanded arbitration. Samaraneftegaz failed to participate, and eventually Yukos won a judgment for the full principal amount of the loan, plus more than 664 million rubles in interest and approximately $700,000 in fees and the costs of arbitration. The Russian courts refused recognition of the award, but the District Court in New York confirmed the award, entering a dollar-denominated judgment that used the exchange rate of the date of the award. Samaraneftegaz appealed.
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The AAA National Roster

AAA Panel Member 2014
Readers, I ordinarily don’t use Letters Blogatory for advertisement or self-promotion. You can guess where this is going. I did want to let you know of a recent development in my career: I have been appointed to the American Arbitration Association’s national roster of commercial arbitrators. This means that if you are a party or counsel to a party in a US commercial arbitration administered by the AAA, and if you have not already appointed an arbitrator or agreed on another method of appointment, my name may be included in the list of arbitrators you receive from the AAA. If it is, I hope you’ll consider me. And of course, if your arbitration agreement permits you to appoint an arbitrator directly, I hope you’ll consider me as well. That’s the end of the advertisement—thanks for reading.

Case of the Day: In re Application of Owl Shipping

The case of the day is In re Application of Owl Shipping, LLC (D.N.J. 2014). Owl Shipping owns the M/V Owl, and Oriole Shipping, LLC owns the M/V Oriole. Owl Shipping chartered the Owl to Dalian International. It alleges that Dalian failed to pay and Owl had to terminate the charter party. Owl claims it is owed more than $1.5 million. Oriole asserted a similar claim against Dalian with respect to a charter of the Oriole. Both agreements called for arbitration in London under English law. Both Owl and Oriole demanded arbitration with the London Maritime Arbitrators Association.
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