The case of the day is Commissions Import Export S.A. v. Republic of the Congo (D. Utah 2016). The Congolese government failed to pay Commissions on public works and materials contracts in the 1980s. An arbitral tribunal issued an award in favor of Commissions, and Commissions obtained recognition of the award in England in 2009. Commissions then brought an action in New York, which was transferred to the District of Columbia, seeking recognition and enforcement of the English judgment. That action resulted in a default judgment for approximately $630 million. Commission then registered the judgment in the District of Utah and served a subpoena on the Bank of Utah calling for information about its “role as owner trustee and security trustee” for a Boeing 787-8 Dreamliner.
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The Supreme Court has adopted an amendment to FRCP 4(m) that will take effect on December 1, absent action by Congress. Here is the text of the amendment, showing the added and deleted text:
Continue reading FRCP: Minor Amendment to Rule 4
The case of the day is DDR Señorial LLC v. Prestige Holdings, Ltd. (D.P.R. 2016). DDR was a Delaware company doing business in Puerto Rico. The defendant, Prestige, was a Trinidad & Tobago company. Trinidad & Tobago is not party to the Hague Service Convention. DDR sought to make service under FRCP 4(f)(2)(A), i.e., “as prescribed by the foreign country’s law for service in that country in an action in its courts of general jurisdiction.” It served the papers by personal delivery to Prestige’s principal place of business. Prestige moved to dismiss for insufficient service of process.
Continue reading Case of the Day: DDR Señorial LLC v. Prestige Holdings