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Case of the Day: Payward v. Chechetkin
The case of the day is Payward, Inc. v. Chechetkin, [2023] EWHC 1780 (Comm). Friend of Letters Blogatory Alexander Shirtcliff of Blake Morgan instructed counsel for Chechetkin, a British national living in England. Chechetkin signed up for an account with the Kraken online cryptocurrency exchange. His contract—a clickwrap contract— was with Payward Ltd. The contract……
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Case of the Day: American Graphics Institute v. Noble Desktop NYC
The case of the day is American Graphics Institute, LLC v. Noble Desktop NYC, LLC (D. Mass. 2023). Noble was a consultant to AGI. The claim was that Noble had taken advantage of its position to learn about AGI’s “internal sales, marketing, promotional tactics, technical processes, and strategies,” to gain “access to AGI’s copyrighted works……
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Strategy of the Day: Variations in State Arbitration Law
The Federal Arbitration Act preempts state arbitration law, but not entirely. State law that is inconsistent on the FAA’s rules about when an agreement to arbitrate is enforceable or about when awards must be enforced are preempted. But state law that relates to some procedural matters in arbitration is not preempted even when the FAA……
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Update: the Briefs in Chiejina v. Nigeria
I reported on the decision denying a jurisdictional motion to dismiss in Chiejina v. Nigeria, an award enforcement case I’m handling, back in August 2022. The dispute involved breaches of a contract for construction of gully erosion control structures in Nigeria’s Imo state. The parties have now filed their briefs in the DC Circuit (Nigeria’s……
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Case of the Day: In re Alpene
The case of the day is In re Alpene, Ltd. (E.D.N.Y. 2022). Alpene, a Hong Kong corporation, had a treaty arbitration claim against Malta, and it arbitration under ICSID arbitration. It sought discovery from Elizabeth McCaul, a New Yorker, under Section 1782. The case raises a question left open in the Supreme Court’s ZF Automotive……