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Digest for April 6, 2011
GSS Group Ltd. v. National Port Auth. (D.D.C. 2011). Dismissing a petition to confirm an award in an arbitration between a British Virgin Islands company and a quasi-governmental Liberian corporation on the grounds that the court lacked personal jurisdiction over the Liberian defendant, notwithstanding the plaintiff’s argument that as a foreign state-owned corporation had no……
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Case of the Day: CFTC v. Aliaga
The case of the day, U.S. Commodity Futures Trading Commission v. Aliaga (S.D. Fla. 2011), involves alternative means of service where the defendant is in a country not party to a convention on service of process. The government alleged that Claudio Aliaga swindled retail investors in a Ponzi scheme supposedly involving investments in the foreign……
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Case of the Day: Tamimi Global Co. v. Kellogg Brown & Root LLC
The case of the day is Tamimi Global Co. v. Kellogg Brown & Root LLC (S.D. Tex. 2011). In 2001, the United States government contracted with KBR to provide “dining facility services” to the military. In 2003, KBR subcontracted with Tamimi for food services at Camp Anaconda in Iraq. The subcontract contained an arbitration clause……
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A re-think on Harris v. NGK North American
Today’s case of the day, Harris v. NGK North American, Inc., raised the question of alternate methods of service where service by mail fails. My initial take on the case was that the court should have required the plaintiff to try to serve the defendant via the central authority before resorting to unusual means of……
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Case of the Day: Harris v. NGK North American, Inc.
Revised, with a discussion of the implications of the Volkswagen case. The case of the day, Harris v. NGK North Am., Inc. (Pa. Super. Ct. 2011), is one of a series of cases that has taken a position, one way or the other, on whether Article 10(a) of the Hague Service Convention permits service by……