-
Case of the Day: Abdul Latif Jameel Transportation v. FedEx
The case of the day is Abdul Latif Jameel Transportation Co. v. FedEx Corp. (6th Cir. 2019). The case is a big deal in the world of § 1782. One of the great open questions is whether a private international arbitral tribunal is a “tribunal” for purposes of the statute. There were some old cases……
-
Case of the Day: McDonnel Group v. Great Lakes Insurance
The case of the day is McDonnel Group, LLC v. Great Lakes Insurance SE, UK Branch (5th Cir. 2019). McDonnel purchased a builder’s risk policy from a group of insurers. When the insurers denied a claim, McDonnel sued. The insurers argued that the case had to be arbitrated, because the insurance policy contained an agreement……
-
Case of the Day: Lamps Plus v. Varela
The case of the day is Lamps Plus, Inc. v. Varela (S. Ct. 2019). A hacker tricked Lamps Plus into disclosing tax information of more than a thousand employees. One of the employees, Frank Varela, was the victim of identity theft when someone using his information filed a fraudulent tax return in his name. Varela……
-
Lago Agrio: Dutch Supreme Court Affirms Decision In BIT Arbitration
The Hoge Raad (the Dutch Supreme Court) has affirmed a lower court’s decision refusing to annul the interim awards in favor of Chevron in its investment treaty arbitration against Ecuador arising out of the Lago Agrio case. I covered one of the interim awards in February 2012, if you can believe that, as well as……
-
The Carta Arbitral
I was at a talk last week at which I heard about a new procedural mechanism in Brazil that I hadn’t heard of before: the carta arbitral (the “arbitral letter”). The purpose of the arbitral letter is to give the tribunal a means of requesting assistance from a court in carrying out its orders (for……