Tag Archives: Russia

Case of the Day: Smith v. Wolf Performance Ammunition

The case of the day is Smith v. Wolf Performance Ammunition (D. Nev. 2015). Andrew Smith alleged that he was injured when, in 2012, “the firearm and ammunition he was using exploded in his face.” He sued Sporting Supplies International, apparently the merchant from whom he bought the allegedly defective ammunition. SSI impleaded Tula Cartridge Works, a Russian corporation, claiming Tula was liable to it for contribution and indemnification. SSI sought leave under FRCP 4(f)(3) to serve process by alternate means on Tula, noting Russia’s unilateral refusal to execute requests under the Hague Service Convention originating in the United States. In particular, SSI sought leave to serve process by mail and by email. Russia has objected to service under Article 10 of the Convention.
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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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Case of the Day: Calista Enterprises v. Tenza Trading

The case of the day is Calista Enterprises, Ltd. v. Tenza Trading, Ltd. (D. Or. 2014). Calista, a Seychelles company, sued Tenza Trading, a Cyprus company, and Tenza brought a counterclaim against Calista and Alexander Zhukov, who it alleged was Calista’s alter ego. Zhukov resided in the Czech Republic, but he had an address in Russia as well. Tenza moved under FRCP 4(f)(3) for leave to make service on Zhukov by alternate means, namely by email, by service on his US lawyers, and by mail to his home in the Czech Republic and to his address in Russia.
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