The case of the day is Hilt Construction & Management Corp. v. Permanent Mission of Chad to the United Nations (S.D.N.Y. 2016). The claim was that Hilt had a contract with Chad’s mission to the United Nations and its ambassador, Cherif Mahamat, for the renovation of the ambassador’s official residence in New Rochelle. Hilt claimed it was not paid for part of its work and it sued for breach of contract and on a quantum meruit theory. The mission and the ambassador moved to dismiss.
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The case of the day is Orange Middle East & Africa v. Republic of Equatorial Guinea (D.D.C. 2016). Orange and the Republic of Equatorial Guinea were the shareholders of a telecommunications company providing service in Equatorial Guinea. The government was the majority shareholder. After some disputes arose, the parties entered into a settlement agreement, which required the government to purchase Orange’s shares if it granted a telecommunications license to a third party. The agreement provided for arbitration of disputes in Paris under the ICC rules.
In 2011, the government granted a third party a license, but it failed to purchase Orange’s shares. Orange demanded arbitration. The arbitrators awarded Orange more than € 131 million. The government sought to set aside the award, but the Court of Appeals in Paris authorized enforcement of the award.
Orange sought to confirm the award in Washington. The government moved to dismiss for insufficient service of process.
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The case of the day is Pablo Start Ltd. v. The Welsh Government (S.D.N.Y. 2016). The Welsh government ran a ‘Visit Wales’ tourism campaign, which included photographs of the poet Dylan Thomas that, according to Pablo Start, were subject to copyright and used without permission. The judge explains that Dylan Thomas was “a Welsh-born poet who lived from 1914 to 1953” and who “is best known for his troubled and chaotic personal life and for penning the poem ‘Do not go gentle into that good night.'” Okay, but why that poem? Why not “And death shall have no dominion,” or “The force that through the green fuse drives the flower”? Anyway, the claim was that the Welsh campaign had provided publishers, who were also defendants, with the photographs, which then were published in various media. Pablo Start sued Wales in New York.
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