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Case of the Day: Commissions Import Export SA v. Republic of the Congo
The case of the day is Commissions Import Export S.A. v. Republic of the Congo (D.C. Cir. 2014). This is the appeal of the decision I reported in January 2013. The holding in the District Court was that where a party to a foreign arbitration has obtained a judgment confirming the award from a foreign…
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Case of the Day: Sharp v. Hisense USA
The case of the day is Sharp Corp. v. Hisense USA Corp. (D.D.C. 2017). Sharp, a Japanese electronics company, entered into a trademark license agreement with Hisense, a Chinese manufacturer. The agreement had an agreement to arbitrate disputes in Singapore under the SIAC rules. Sharp terminated the agreement, arguing that Hisense had failed to perform.…
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Case of the Day: Moore v. Lowe’s Companies
The case of the day is Moore v. Lowe’s Companies (W.D. Ky. 2013). David Alexander Moore claimed that he was injured when he used a table saw that was manufactured by Rexon Industrial Corp. Rexon was a Taiwanese firm. Moore first tried to serve Rexon by service on the Kentucky Secretary of State. The Secretary…
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Case of the Day: Costa v. Kerzner International Resorts
Update: Due to a problem with my HTML, I published a garbled version of this article this morning. Here’s the corrected version! The case of the day is Costa v. Kerzner International Resorts, Inc. (S.D. Fla. 2011). Jennifer Costa, who had been a guest at the Atlantis Resort in the Bahamas, sued the resort’s on…
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Case of the Day: Servotronics v. Rolls-Royce
The case of the day is Servotronics, Inc. v. Rolls-Royce PLC (7th Cir. 2020). I wrote about a related Fourth Circuit case earlier this year. The case deepens the circuit split on whether Section 1782 reaches private foreign arbitrations. The Fourth and Sixth Circuits have recently said “yes.” The Second and Fifth Circuits had said…