Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Anti-suit Injunction

Case of the Day: Stichting Shell Pensionenfonds v. Krys

Posted on December 29, 2014

The case of the day is Stichting Shell Pensionenfonds v. Krys [2014] UKPC 41. Shell, a Dutch pension fund, had invested in shares of Fairfield Sentry Ltd., a BVI mutual fund and the largest “feeder fund” for Bernard L. Madoff Investment Securities LLC, which needs no introduction. After Madoff’s arrest, Shell immediately sought to redeem its shares in Fairfield, but of course it received nothing. So Shell applied to a court in Amsterdam, its home jurisdiction, for an order attaching bank accounts of Fairfield held by Citco Bank Nederland BV, Fairfield’s asset custodian, in its Dublin branch. The Dutch court approved the attachment; everyone agreed that the Dutch court had jurisdiction over Citco. The High Court of the BVI ordered Fairfield to be wound…

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Case of the Day: Maroc Fruit Board v. M/V Almeda Star

Posted on October 17, 2013

The case of the day is Maroc Fruit Board, S.A. v. M/V Alemda Star (D. Mass. 2013). Like Maroc Fruit Bd. v. M/V Vinson, 2012 A.M.C. 2278 (D. Mass. 2012), which I covered last year, the case involved a claim of a shipment of fruit that went bad, but it seems that there were two separate incidents. In other words, today’s case doesn’t seem to have anything to do with the prior case. Maroc sued Star Reefers Shipowning, Inc. and its ship, the Almeda Star. The claim was that Maroc had delivered thousands of boxes of fruit to the defendant at the port of Agidar, Morocco, for shipment to New Bedford, where the fruit was to be delivered to the order of Maroc’s consignees,…

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Case of the Day: Fellowes v. Changzhou Xinrui Fellowes Office Equipment Co.

Posted on September 18, 2012

The case of the day is Fellowes v. Changzhou Xinrui Fellowes Office Equipment Co. (N.D. Ill. 2012). Fellowes, an Illinois company, purchased paper shredders and other office products from Changzhou Xinrui Fellowes, a Chinese joint venture between Fellowes Hong Kong Ltd., apparently an affiliate of Fellowes, and Jiangsu Shinri Machinery Co. When Fellowes Hong Kong and Jiangsu got into a dispute, Jiangsu caused the joint venture to stop its shipments to Fellowes. Fellowes had to cancel thousands of orders from its customers and to find replacement manufacturers. Fellowes refused to pay some of the outstanding invoices on the grounds that it was entitled to a set-off on account of the damages it suffered because of Changzhou Xinrui’s failure to ship the goods it had…

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