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Lago Agrio: Dutch Supreme Court Affirms Decision In BIT Arbitration
The Hoge Raad (the Dutch Supreme Court) has affirmed a lower court’s decision refusing to annul the interim awards in favor of Chevron in its investment treaty arbitration against Ecuador arising out of the Lago Agrio case. I covered one of the interim awards in February 2012, if you can believe that, as well as……
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The Carta Arbitral
I was at a talk last week at which I heard about a new procedural mechanism in Brazil that I hadn’t heard of before: the carta arbitral (the “arbitral letter”). The purpose of the arbitral letter is to give the tribunal a means of requesting assistance from a court in carrying out its orders (for……
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Private International Arbitration And § 1782: Are We Nearer To A Reckoning?
In In re Application and Petition of Hanwei Guo (S.D.N.Y. 2019), the court, following the Second Circuit’s precedent in National Broadcasting Co. v. Bear Stearns & Co., 165 F.3d 184 (2d Cir. 1999), held that a private international arbitral tribunal was not a “tribunal” for purposes of § 1782, and thus it denied an application……
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Case of the Day: Castro v. Tri-Marine Fish
The case of the day is Castro v. Tri-Marine Fish Co. (9th Cir. 2019). Michael Castro, a national of the Philippines who lived in American Samoa, was a deck hand aboard the F/V Captain Vincent Gann. He was seriously injured during the voyage. Tri-Marine transported him to the Philippines and paid his medical expenses and……
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Case of the Day: Dahman v. Embassy of Qatar
The case of the day is Dahman v. Embassy of Qatar (D.D.C. 2019). I wrote about the case last year. El-Sayed Dahman, an accountant, worked for the Embassy of Qatar. The embassy terminated his employment, perhaps as a matter of policy due to his age, and he brought an action for age discrimination. So far,……