Author: Ted Folkman

  • Case of the Day: G2A.com v. United States

    The case of the day is G2A.com Sp. z.o.o. v. United States (D. Del. 2018). G2A was a Polish company. The Polish government requested judicial assistance from the US government under the US/Poland Tax Treaty in connection with a Polish tax investigation concerning G2A. Specifically, the Polish government sought evidence from the Corporation Trust Co.,……

  • 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……