-
Case of the Day: Yukos Capital v. Samaraneftegaz
The case of the day is Yukos Capital S.A.R.L. v. Oio Samaraneftegaz (2d Cir. 2014). In 2004, Yukos loaned Samaraneftegaz almost 2.5 billion rubles. The loan agreement had an arbitration agreement providing for arbitration before the ICC. Samaraneftegaz defaulted, and Yukos demanded arbitration. Samaraneftegaz failed to participate, and eventually Yukos won a judgment for the……
-
Case of the Day: Application of Coalition to Protect Clifton Bay
The case of the day is In re Application of the Coalition to Protect Clifton Bay (S.D.N.Y. 2014). Peter Nygård was the longtime owner of Nygård Cay in the Bahamas. Louis Bacon owned a neighboring parcel, Point House. The Coalition to Protect Clifton Bay had brought two actions in the Bahamas challenging the supposed failure……
-
Lago Agrio: What’s Your Prediction?
The Lago Agrio plaintiffs filed their reply brief a few days ago. The brief, by Burt Neuborne, is very well done, as expected. I am not going to review it in detail. One interesting note: Neuborne cites Paul Barrett to make a point that I’ve made here before: whatever the quality of the Ecuadoran courts……
-
Case of the Day: Walters v. China
The case of the day is Walters v. People’s Republic of China (D.D.C. 2014). Debbie and Max Walters had a $10 million default judgment against China in the Western District of Missouri which they sought to enforce in the District of Columbia. The judge ordered China to produce certain documents to the Walterses, and China……
-
Case of the Day: Sobek Therapeutics v. SVADS Holdings
The case of the day is Sobek Therapeutics, LLC v. SVADS Holdings SA (M.D. Fla. 2014). The dispute revolved around rights to the NUPRIN mark. NUPRIN had previously been a brand name for ibuprofin, an over-the-counter pain medicine. Sobek sued SVADS seeking a declaratory judgment of noninfringement of the mark. SVADS, a Swiss firm, moved……