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Case of the Day: In re Braga
The case of the day, In re Braga (S.D. Fla. 2011), involves an application for judicial assistance to take evidence for use in Brazilian bankruptcy proceedings involving Petroforte Brasileiro de Petroleo Ltda. The application for judicial assistance, brought by Braga, the “judicial administrator” of Petroforte (I take it this is the equivalent of a bankruptcy……
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Case of the Day: Argentine Republic v. National Grid plc
The case of the day, Argentine Republic v. National Grid plc (D.C. Cir. 2011), shows the importance of compliance with the statutory time limits in the FAA. The case involved another UK investor arbitration against Argentina on account of measures it took to deal with its financial crisis (we previously reported on Argentina v. BG……
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Case of the Day: Samsun Logix Corp. v. Bank of China
Our case of the day, Samsun Logix Corp. v. Bank of China (S.D.N.Y. 2010), involves the question of a district court’s removal jurisdiction over a state court action to garnish the bank account of the losing party in a foreign arbitration after the district court granted a motion to recognize and enforce the award. The……
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Digest for March 14, 2011
Liberty Media Holdings, LLC v. Vinigay.com (D. Ariz. 2011). Where defendants were located in Brazil (a party to the Inter-American Convention but not the Hague Service Convention), and where the plaintiffs had an email address but not a physical address for the defendants, the court authorized service of process by email pursuant to Rule 4(f)(3).……
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Comity, Irreparable Harm, and the Lago Agrio Injunction
We covered Judge Kaplan’s anti-suit injunction in the Lago Agrio case a couple of days ago. Others have commented on it as well–both Opinio Juris and the Cadwalader OneWorld blog have posts up. I commented on the Opinio Juris post, and I want to pick up on my comment here. The point I ultimately want to……