Month: September 2018

  • Lago Agrio: Estoppel in the Arbitral Award

    Lago Agrio: Estoppel in the Arbitral Award

    This is the second post on the new award in the Chevron/Ecuador arbitration. I think there will be a few more. I wrote this on Sunday, and it’s possible that there has been some relevant coverage from others since then, so I hope that events haven’t overtaken this post! One critique of a claim like……

  • Lago Agrio: Chevron Wins Investment Treaty Arbitration Against Ecuador

    Lago Agrio: Chevron Wins Investment Treaty Arbitration Against Ecuador

    The tribunal hearing the investment treaty dispute between Chevron and Ecuador has issued a partial award that decides the case in Chevron’s favor. I learned of the award on Friday, and there’s a lot in there that eventually I want to write about. But I do want to take an initial look at an issue……

  • No Profile In Courage

    No Profile In Courage

    The New York Times published a piece yesterday by an anonymous “senior official in the Trump administration.” The official declared himself or herself to be part of the “resistance,” a group of senior officials who “believe our first duty is to this country,” and who “have vowed to do what we can to preserve our……

  • Case of the Day: Outokumpu Stainless v. Converteam

    The case of the day is Outokumpu Stainless USA, LLC v. Converteam SAS (11th Cir. 2018). Outokumpu had a steel factory in Alabama. Its predecessor in interest had a contract with a firm called Fives to buy three cold rolling mills for use in the factory. The contract had an agreement to arbitrate requiring arbitration……

  • Case of the Day: DeTray v. AIG

    The case of the day is DeTray v. AIG Insurance Co. (W.D. Wash. 2018). Tammy and Gregory DeTray, who resided in Washington, were in the business of providing “pilot vehicles,” those cars with flags on them that accompany tractor trailers with oversize loads on the highways. In 2013, one of these trucks collided with a……