Comments on: Case of the Day: Kumtor Gold Co. v. Kyrgyz Republic https://lettersblogatory.com/2021/08/10/case-of-the-day-kumtor-gold-co-v-kyrgyz-republic/ The Blog of International Judicial Assistance Sun, 10 Nov 2024 23:45:10 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: kotodama https://lettersblogatory.com/2021/08/10/case-of-the-day-kumtor-gold-co-v-kyrgyz-republic/#comment-3560 Thu, 12 Aug 2021 17:14:23 +0000 https://lettersblogatory.com/?p=30345#comment-3560 Understood. Well, it’s certainly an interesting issue, as you said, and I appreciate the nice explanatory post. Cross-border anti-suit (and anti-anti-suit) injunctions are a hot topic in the patent realm, which I follow closely, but obviously those don’t involve foreign sovereigns like here. And the idea of enjoining a bankruptcy filing is vaguely reminiscent of the Detroit bankruptcy case, but again, that had major differences too. It’ll certainly be fun to see how the interlocutory appeal plays out here!

]]> By: Ted Folkman https://lettersblogatory.com/2021/08/10/case-of-the-day-kumtor-gold-co-v-kyrgyz-republic/#comment-3559 Thu, 12 Aug 2021 13:45:34 +0000 https://lettersblogatory.com/?p=30345#comment-3559 In reply to kotodama.

Could be! I don’t think anyone really knows. But waiver is an interesting possibility.

]]> By: kotodama https://lettersblogatory.com/2021/08/10/case-of-the-day-kumtor-gold-co-v-kyrgyz-republic/#comment-3558 Thu, 12 Aug 2021 00:28:45 +0000 https://lettersblogatory.com/?p=30345#comment-3558 Standing caveat that this isn’t my field at all, but is there no plausible argument Kyrgyzstan consented to jurisdiction by trying to dismiss the bankruptcy case, or even by seeking to enjoin Kumtor while knowing (I assume) that might violate the automatic stay?

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