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Case of the Day: Belmont Partners v. Mina Mar
The case of the day is Belmont Partners, LLC v. Mina Mar Group, Inc. (W.D. Va. 2010). It’s a perfect example of what should not happen in arbitration–the parties agreed to arbitrate, then settled, then one reneged on the settlement, then they sued each other in two countries. The parties were both in the business……
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Digest for March 21, 2011
Intelligender LLC v. Soriano (E.D. Tex. 2011). Where plaintiff served process on a Chilean defendant using an alternate means of service without first requesting leave of court under Rule 4(f)(3) and did not show that the alternate means were permissible under the Inter-American Convention, the court denied a motion to approve the alternate means of……
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Case of the Day: Starski v. Kirzhnev
I chose the case of the day, Starski v. Kirzhnev (D. Mass. 2011), because it involves an area of international judicial cooperation we haven’t yet considered, namely, proof of the authenticity of a foreign official document so that it can be admitted in evidence in US proceedings. Vietnam owed a debt to Russia. Starski had……
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Case of the Day: Republic of Ecuador v. Chevron Corp.
For proprietors of blogs on international judicial assistance, 2011 has been like 1996 for champagne makers–a vintage year when all is right with the world. We’ve been lucky to have new decisions to report on almost every week in the Lago Agrio case. The latest installment is Republic of Ecuador v. Chevron Corp. (2d Cir. 2011), the……
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Case of the Day: In re Braga
The case of the day, In re Braga (S.D. Fla. 2011), involves an application for judicial assistance to take evidence for use in Brazilian bankruptcy proceedings involving Petroforte Brasileiro de Petroleo Ltda. The application for judicial assistance, brought by Braga, the “judicial administrator” of Petroforte (I take it this is the equivalent of a bankruptcy……