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Massachusetts Adopts the Uniform Enforcement of Foreign Judgments Act
Massachusetts has taken a significant step towards modernizing its law of judgment recognition by adopting the Uniform Enforcement of Foreign Judgments Act. The UEFJA is the uniform law that governs the recognition of sister-state judgments, not foreign country judgments. Until this year, Massachusetts was one of a very few states that still required judgment creditors……
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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……
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Lago Agrio: Supreme Court of Canada Denies Ecuadorans’ Application for Leave to Appeal
Yesterday the Supreme Court of Canada denied an application by the Lago Agrio plaintiffs for leave to appeal from the decision of the Ontario Court of Appeal in May 2018, which held that the Lago Agrio plaintiffs cannot reach the assets of Chevron’s indirect subsidiary in Canada to satisfy the judgment against Chevron they obtained……
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Case of the Day: Barer v. Knight Brothers
The case of the day is Barer v. Knight Brothers LLC, 2019 SCC 13. Knight Brothers, a Utah company, sued David Barer, who resided in Quebec, and two companies, CBC and BEC, that Barer allegedly controlled. The claim was that BEC had breached a contract with Knight and that Barer was liable for fraudulent misrepresentation……
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Case of the Day: Batbrothers LLC v. Paushok
The case of the day is Batbrothers LLC v. Paushok (N.Y. Sup. Ct. 2018). Batbrothers had a $25 million judgment against Sergey Viktorovich Paushok from a Russian court. It sought recognition and enforcement in New York and moved for summary judgment. Paushok defended on grounds of lack of standing, a supposed lack of finality of……