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Case of the Day: Smart Study v. Acuteye
The case of the day is Smart Study Co., Ltd. v. Acuteye-US (S.D.N.Y. 2022). It’s too soon to declare victory, but this is yet another case correctly holding that when the Service Convention applies and the state of destination has objected to service by postal channels, service by email is forbidden. The case involved a……
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Lago Agrio: District of Columbia Disbars Donziger
The DC Court of Appeals has disbarred Steven Donziger. Donziger may seek review in the Supreme Court, but assuming that he’s unsuccessful—a good bet—the new decision is the end of the line for his attempt to preserve his right to practice law in the United States. The decision was as I predicted in my last……
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Case of the Day: Preble-Rish Haiti S.A. v. Republic of Haiti
The case of the day is Preble-Rish Haiti S.A. v. Republic of Haiti (5th Cir. 2022). Preble-Rish had a contract for delivery of fuel with the Haitian government. When a dispute arose, it demanded arbitration in New York. Haiti refused to participate, and the parties cross-moved to compel and to stay the arbitration in the……
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Today’s DIScussion On ZF Automotive
I participated in a panel discussion today of the ZF Automotive case at the DIS, the German Arbitration Institute. It was a pleasure to get to exchange ideas with my colleagues on the panel, Derek Adler of Hughes Hubbard & Reed and Barbara Maucher of Noerr. I was assigned the role of explaining reasons why……
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Elephant Habeas: San Francisco Judge Sends Case To Fresno
Well that didn’t take long! As predicted, a San Francisco judge has rejected an effort by the Nonhuman Rights Project, a group with no apparent connection with San Francisco, to seek habeas corpus for three elephants, who also have no apparent connection with San Francisco. The case will (barring an appeal, which I’m sorry to……