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Case of the Day: A v. C
The case of the day is A v. C, [2020] EWHC 258 (Comm). The dispute was between joint venturers in a central Asian oil field. The details are unimportant. The claimants demanded arbitration in New York, and the arbitration proceeded to an evidentiary hearing. The tribunal gave permission to the claimants to seek an order……
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Case of the Day: Kazakhstan v. Lawler
The case of the day is Republic of Kazakhstan v. Lawler (D. Ariz. 2020). Big Sky Energy Corp. commenced an arbitration against Kazakhstan before ICSID, asserting a claim under the US/Kazakhstan bilateral investment treaty. The treaty does not provide protection to “any company that is controlled by non-U.S. nationals if that company does not conduct……
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Case of the Day: Republic Technologies v. BBK Tobacco
The case of the day is Republic Technologies (NA), LLC v. BBK Tobacco & Foods, LLP (N.D. Ill. 2020). The case was “a trademark battle over the packaging and advertising for organic hemp cigarette rolling papers.” It’s pretty common in intellectual property cases to have parallel proceedings pending in the United States and elsewhere, and……
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Case of the Day: Application of Del Valle Ruiz
The case of the day is In re Application of del Valle Ruiz (2d Cir. 2019). I’ve written about the case twice before, first in a October 2018 post on the district court decision, and then in an April 2019 post after oral argument. This is the latest in a line of recent important §……
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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……