Update: I’ve made a minor correction in light of Mark Kantor’s helpful comment, printed below.
Remember MCSquared, the Republic of Ecuador’s US PR firm, which hired “ethically diverse” actors to protest at a Chevron meeting, and which initially failed to register as Ecuador’s agent under the Foreign Agent Registration Act. The MCSquared story was good comic relief, but it has now taken a more serious turn, as Chevron has brought an application for discovery under § 1782 seeking information from MCSquared for use in
its BIT arbitration . Bonus: since MCSquared is located in New York, Judge Kaplan is presiding.
Continue reading Lago Agrio: Chevron Seeks Discovery From MCSquared
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.
Continue reading Case of the Day: Yukos Capital v. Samaraneftegaz
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.