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Case of the Day: Constellation Energy Commodities Group v. Transfield ER Cape Ltd.
The case of the day is Constellation Energy Commodities Group Inc. v. Transfield ER Cape Ltd. (S.D.N.Y. 2011).It raises the question whether forum non conveniens should be a defense to a petition to confirm an arbitral award. I think the answer should be no. Constellation was a Maryland corporation, and Transfield ER Cape Ltd. was…
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Case of the Day: In re Dubey
The case of the day is In re Dubey (C.D. Cal. 2013). The case raises a question we have considered many times before, and which is also the subject of S.I. Strong’s excellent paper: is a private arbitration a “proceeding in a foreign or international tribunal,” for purposes of 28 U.S.C. § 1782? Microelectronics Technology,…
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Case of the Day: Nexon Korea v. Ironmace
The case of the day is Nexon Korea Corp. v. Ironmace Co. Ltd. (W.D. Wash. 2023). Nexon sued Ironmace, a Korean company, alleging that it misappropriated trade secrets and infringed its copyright by developing a video game called “Dark and Darker.” Nexon also sued two of Ironmace’s employees, Ju-Hyun Choi and Terence Seungha Park. Nexon…
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Case of the Day: Global Discoveries v. Realtec
The case of the day is Global Discoveries, Ltd. v. Realtec, Ltd. (N.D. Cal. 2013). Global Discoveries was a Nevada limited liability company. It brought a statutory interpleader action against Realtec Ltd., a British Virgin Islands company, Zahra Gilak, whose nationality was not clear in the decision (perhaps she was Iranian) but who was formerly…