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Case of the Day: Starski v. Kirzhnev
I chose the case of the day, Starski v. Kirzhnev (D. Mass. 2011), because it involves an area of international judicial cooperation we haven’t yet considered, namely, proof of the authenticity of a foreign official document so that it can be admitted in evidence in US proceedings. Vietnam owed a debt to Russia. Starski had……
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Case of the Day: Republic of Ecuador v. Chevron Corp.
For proprietors of blogs on international judicial assistance, 2011 has been like 1996 for champagne makers–a vintage year when all is right with the world. We’ve been lucky to have new decisions to report on almost every week in the Lago Agrio case. The latest installment is Republic of Ecuador v. Chevron Corp. (2d Cir. 2011), the……
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Case of the Day: In re Braga
The case of the day, In re Braga (S.D. Fla. 2011), involves an application for judicial assistance to take evidence for use in Brazilian bankruptcy proceedings involving Petroforte Brasileiro de Petroleo Ltda. The application for judicial assistance, brought by Braga, the “judicial administrator” of Petroforte (I take it this is the equivalent of a bankruptcy……
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Case of the Day: Argentine Republic v. National Grid plc
The case of the day, Argentine Republic v. National Grid plc (D.C. Cir. 2011), shows the importance of compliance with the statutory time limits in the FAA. The case involved another UK investor arbitration against Argentina on account of measures it took to deal with its financial crisis (we previously reported on Argentina v. BG……
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Case of the Day: Samsun Logix Corp. v. Bank of China
Our case of the day, Samsun Logix Corp. v. Bank of China (S.D.N.Y. 2010), involves the question of a district court’s removal jurisdiction over a state court action to garnish the bank account of the losing party in a foreign arbitration after the district court granted a motion to recognize and enforce the award. The……