Readers, I’ll return with new posts for you on February 27. See you then!
Readers, I am very pleased to announce the publication of the ABA’s new two-volume deskbook, International Aspects of U.S. Litigation, edited by James E. Berger of King & Spalding. The book features contributions from many excellent authors, including several friends. I am the author of the chapter of service of process. Other chapters cover subject-matter and personal jurisdiction, venue, forum non conveniens, parallel proceedings, forum selections clauses, the Alien Tort Statute, the extraterritoriality of US law, choice of law clauses, conflict of laws, proof of foreign law, treaties as substantive law, pretrial discovery, recognition and enforcement of judgments, res judicata, international arbitration, sovereign litigation, foreign bankruptcy, and trade disputes.
Continue reading Book of the Day: International Aspects of U.S. Litigation
The case of the day is Iraq Middle Market Development Foundation v. Harmoosh (4th Cir. 2017). The Foundation lent $2 million to Al-Harmoosh for General Trade, Travel, and Tourism, an Iraqi company. The loan agreement had an agreement to arbitrate all “disputes, controversies and claims between the parties which may arise out of or in connection with the Agreement.” Mohammad Harmoosh, a managing partner of Al-Harmoosh, gave a promissory note to the Foundation to guarantee payment of the loan. When Harmoosh refused to pay, the Foundation sued for breach of contract in the District of Maryland. Harmoosh successfully moved to dismiss on the grounds that the dispute was arbitrable, but he did not move to compel arbitration.
Continue reading Case of the Day: Iraq Middle Market Development Foundation v. Harmoosh