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Case of the Day: Wuxi Taihu Tractor Co. v. York Group, Inc.
Our case of the day, Wuxi Taihu Tractor Co. v. York Group, Inc. (S.D. Tex. 2011), is a fairly straightforward application of waiver principles in a Hague Service Convention case. The parties were both manufacturers of coffins. The procedural posture of the case was somewhat complicated, but at bottom, York had sued Wuxi, a Chinese……
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Case of the Day: Altain Khuder LLC v. IMC Mining
HT to Global Arbitration Review (subscription required) for bringing to light the case of the day, Altain Khuder LLC v. IMC Mining, Inc. (Victoria Supreme Court 2011). IMC Mining had a contract with Altain Khuder to provide plans for an iron ore mine in Mongolia and then to operate the mine. Altain Khuder was required,……
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Ecuador’s Judgment In The Lago Agrio Case
Our coverage of the Lago Agrio case till now has focused on Chevron’s efforts to gather evidence in the United States for use in the three proceedings in Ecuador—the Lago Agrio lawsuit itself; the BIT arbitration; and the criminal case. But a significant development in the case yesterday changes our focus from judicial assistance in……
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Super-Duper Disregard Of Law
At the talk I gave last week on choice of law in international IP arbitration (thanks to those who attended!), someone asked whether a mistake as to the law governing the substance of an IP dispute would justify a court in refusing recognition and enforcement of the award. I gave what I think is the……
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New Article on Blocking Statutes etc.
William R. Maguire of Hughes Hubbard & Reed has a new article, Current Issues in Federal Civil E-Discovery, Proportionality, International Discovery and Deposition Practice, and Changes to the Federal Rules of Civil Procedure. Obviously such a broad article cannot comprehensively cover all of the areas within its scope. But the article does provide a good……