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From the Blogatory Meteorology Desk
I’m putting together a Hague Service Convention application for Bermuda today for a pending case in the D. Mass. And it was 5F / -15C while I waited for my train in Boston this morning. Which leads to my modest proposal for a new requirement under the Convention: when the temperature in the sending state……
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Case of the Day: Argentina v. BG Group
The Blogatory case of the day is Republic of Argentina v. BG Group, plc, Civ. A. No. 08-485 (D.D.C. Jan. 21, 2011), a decision on confirmation of an arbitral award under the Argentina-U.K. bilateral investment treaty. After the financial crisis of 2001, the Argentine government enacted emergency legislation that, according to BG Group, an investor……
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Case of the Day: Girafa.com, Inc. v. Smartdevil, Inc.
The case of the day is Girafa.com, Inc. v. Smartdevil, Inc., 728 F.Supp.2d 537 (D.Del. 2010). Girafa.com, the assignee of U.S. Patent No. 6,864,904, sued Smartdevil, a Québec company, and several others for patent infringement. A bailiff personally served the summons and complaint on Smartdevil’s president, Stephane Lim. (There was some dispute whether the documents were delivered……
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Case of the Day: Yugraneft Corp. v. Rexx Management Corp.
The Blogatory case of the day, Yougraneft Corp. v. Rexx Mgmt. Corp., [2010] 1 S.C.R. 649 (Canada), is also our first foreign case. Before turning to the case itself, just a note about our international coverage: our coverage of international cases will typically lag behind our coverage of U.S. cases and will certainly be less……
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Pre-hearing discovery in arbitration: Beck’s Superior revisited
We recently looked at Beck’s Superior Hybrids v. Monsanto, an Indiana decision denying enforcement of an arbitrator’s subpoena on the grounds that the proper court in which to seek enforcement, under Section 7 of the FAA, was the court at the seat of the arbitration. I thought it would be worth comparing the approach in……