Category Archives: Recognition and Enforcement

Case of the Day: Shanghai Commercial Bank v. Chang

The case of the day is Shanghai Commercial Bank Ltd. v. Chang (Wash. Ct. App. 2016). The bank had a Hong Kong judgment against Chang on account of an unpaid debt. The bank sought recognition and enforcement of the Hong Kong judgment in Washington, where Chang and his wife, Chen, had lived for many years. They were married long before Chang incurred the debt to the bank, though Chen herself had not incurred the debt and didn’t know about it at the time. The trial court held previously held that the Hong Kong judgment was entitled to recognition, and in today’s case it held that the judgment could be enforced against the marital property of Chang and Chen (Washington is a community property state). Chang appealed.
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Lago Agrio: International Judgment Arbitrage?

I’d like to do a little more analysis of the ongoing hearing in Canada on the Lago Agrio judgment, since in the absence of a transcript of yesterday’s hearing on Chevron’s motion for summary judgment I don’t have any hard news to report.

As I suggested yesterday, I think that the LAPs’ view is that even if Chevron succeeds in showing that the Canadian subsidiary is entitled to summary judgment (because it is not answerable for the debts of the parent), they should still be entitled to recognition of the Ecuadoran judgment. And I have reason to think that if they obtain recognition, their next move would be to seek to enforce the judgment in other jurisdictions. Let’s take this idea out for a spin.
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Case of the Day: Fleischer Studios v. AVELA

The case of the day is Fleischer Studios, Inc. v. AVELA, Inc. (C.D. Cal. 2016). Fleischer and Hearst Holdings, Inc. sued AVELA for trademark infringement in the English High Court. The court issued an “Interim Award” in favor of the plaintiffs. AVELA sought a stay pending appeal, but the Court of Appeal in the UK denied the motion. AVELA’s appeal was stricken when it failed to post security. Fleischer and Hearst then sought recognition and enforcement in California.
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