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Case of the Day: Van Damme v. Gelber
The case of the day is Van Damme v. Gelber, 2013 ONCA 388. Thanks to friend-of-Letters-Blogatory Antonin Pribetić for bringing it to light at the Trial Warrior Blog. Nahum Gelber was a Canadian national living in Monaco. Alexandre Van Damme claimed that he had a contract with Gelber to purchase a painting Gelber owned. But……
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Lago Agrio: The New Arbitral Award
Okay, so here’s the deal. Yesterday, the Wall Street Journal reported that the tribunal hearing the investment treaty dispute between Chevron and Ecuador “issued a partial award in favor of Chevron Corp. and found the U.S. oil company isn’t liable for collective environmental damage claims in Ecuador.” Relying on the article, I put up a……
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Lago Agrio: Arbitral Tribunal Finds Chevron Is Not Liable for the $19 Billion Ecuadoran Judgment
Update: Here is the award, which friend-of-Letters Blogatory Doug Cassel was good enough to provide. Second Update: Having now read the thing through, it seems to me that the WSJ was a little hasty in its conclusions, and I was a little hasty in relying on the WSJ. I’ll try to have a better look……
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Case of the Day: Lexmark International v. Ink Technologies Printer Supplies
The case of the day is Lexmark International, Inc. v. Ink Technologies Printer Supplies, LLC (S.D. Ohio 2013). The plaintiff sought leave to serve defendants in China and Germany via email. The judge noted that both China and Germany are parties to the Hague Service Convention. The judge granted the motion. He did not analyze……
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Case of the Day: Corporación Mexicana de Mantenimiento Integral v. PEMEX-Exploración Y Producción
The case of the day is Corporación Mexicana de Mantenimiento Integral v. PEMEX-Exploración Y Producción (S.D.N.Y. 2013). PEMEX Exploración y Produccion (“PEP”) was a subsidiary of the Mexican state-owned petroleum company, PEMEX. COMMISA was a Mexican subsidiary of KBR, Inc. In 1997, PEP and COMMISA entered into a contract for the construction of two offshore……