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  • Case of the Day: In re Application of the Republic of Ecuador

    The case of the day is In re Application of the Republic of Ecuador (D. Mass. 2015). The case is basically a routine § 1782 request made by Ecuador seeking discovery from Dr. Gregory S. Douglas, one of Chevron’s expert witnesses, for use in the BIT arbitration. The case follows several earlier cases, which I…

    January 5, 2016

  • Case of the Day: Figueiredo Ferraz E Engenharia De Projecto Ltda. v. Republic of Peru

    The case of the day is Figueiredo Ferraz E Engenharia De Projecto Ltda. v. Republic of Peru (2d Cir. 2011). Figueiredo, a Brazilian corporation, made a contract with the Programa Agua Para Todas, an instrumentality of the Peruvian government, to prepare engineering studies on water and sewage services. The contract contained an agreement to arbitrate…

    December 20, 2011

  • Case of the Day: Sokolow v. PLO

    The case of the day is Sokolow v. Palestine Liberation Organization (2d Cir. 2016). I wrote about a similar case, Safra v. Palestinian Authority, back in 2015. The gist of the earlier case, which was decided in Washington, was that the Palestinian Authority could not be sued for damages under the Anti-Terrorism Act because it…

    September 1, 2016

  • Case of the Day: Application of Del Valle Ruiz

    The case of the day is In re Application of del Valle Ruiz (2d Cir. 2019). I’ve written about the case twice before, first in a October 2018 post on the district court decision, and then in an April 2019 post after oral argument. This is the latest in a line of recent important §…

    October 10, 2019

  • Case of the Day: Crystallex v. Venezuela

    The case of the day is Crystallex International Corp. v. Bolivarian Republic of Veneuela (3d Cir. 2019). I last wrote about the case in October 2016. Crystallex, a Canadian company that had invested in a Venezuelan gold mining project, won a $1.2 billion aribtral award against Venezuela after that country nationalized the gold deposits and…

    August 5, 2019
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