Author: Ted Folkman

  • Liberty Media v. Sheng Gan Revisited: Service On The Web?

    Julian Ku recently reported on a High Court decision permitting service of process by Facebook. Today’s case of the day, Liberty Media Holdings, LLC v. Sheng Gan (D. Colo. 2012), a follow-up to our case of the day from January 30, 2012, is a slightly more sophisticated variation on the same theme. In the earlier……

  • Thoughts On The Third Interim Award In the Chevron/Ecuador Case

    As noted yesterday, the BIT arbitral tribunal has issued its third interim award. The basic decision is as follows: The tribunal has jurisdiction over Texaco Petroleum Co.’s claims, and the claims are admissible The tribunal has jurisdiction over Chevron’s “indirect investment” claims, that is, the claims Chevron brings as TexPet’s parent company, and those claims……

  • Case of the Day: SEI Societa Esplosivi Industriali v. L-3 Fuzing and Ordinance Systems

    The case of the day is SEI Societa Esplosivi Industriali SpA v. L-3 Fuzing and Ordinance Systems, Inc. (D. Del. 2012). L-3 and SEI were defense contractors involved in a contract for fuzes for “aircraft-delivered attack munitions.” L-3 was to deliver electric components to SEI, but L-3’s electronics “presented a safety issue”: they allowed the……

  • ACLU Files Amicus Brief in the Belfast Project Case

    The ACLU has filed its amicus brief in the Belfast Project appeal. Because of the posture of the case—Moloney and McIntyre have appealed from the denial of their motion for leave to intervene—the ACLU brief focuses on the intervention issue. A few points: The brief does not address the question whether the motion for leave……

  • Breaking: The BIT Tribunal Finds It Has Jurisdiction Over Chevron’s Claims Against Ecuador

    Chevron won another victory in its arbitration against Ecuador under the US/Ecuador bilateral investment treaty yesterday. In a lengthy decision, the tribunal, comprised of one arbitrator appointed by Chevron, one arbitrator appointed by Ecuador, and a president appointed by the Secretary-General of the Permanent Court of Arbitration, unanimously ruled that it had jurisdiction to consider……