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Case of the Day: New Prime Inc. v. Oliveiera
I hope my post on Monday didn’t mislead you. I suggested that parties arguing in favor of arbitration generally win in the Supreme Court. But as today’s case, New Prime Inc. v. Oliveira (S. Ct. 2019), shows, they don’t always win. Oliveira was an independent contractor working as a truck driver for New Prime, an……
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Case of the Day: In re Servotronics
The case of the day is In re Servotronics, Inc. (D.S.C. 2018). In 2016, an engine fire broke out at a Boeing plant in South Carolina. The engine had been manufactured by Rolls Royce. It had a valve manufactured by Servotronics. Boeing made a claim against Rolls Royce, which was settled, and Rolls Royce then……
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Case of the Day: Outokumpu Stainless USA v. Converteam
The case of the day is Outokumpu Stainless USA, LLC v. Converteam SAS (11th Cir. 2018). Outokumpu operated a steel plant in Alabama. It contracted with Fives for the purchase of three cold rolling mills for use in the plant. The contract had an agreement to arbitrate calling for arbitration in Germany under the ICC……
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Article of the Day: Alessandro Spinillo on the Madrid High Court of Justice and the Setting Aside of Arbitral Awards
Long-time Letters Blogatory commenter Alessandro Spinillo, an Argentine lawyer, has a new post at the Kluwer Arbitration Blog on The Madrid High Court of Justice and the Setting Aside of Arbitral Awards. The most interesting point in the post is that the Madrid High Court of Justice annuls awards more than 26% of the time.……
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Lago Agrio: The Remedy
This is the third post about the new arbitral award in the Chevron/Ecuador case. The first post addressed the tribunal’s finding that the Lago Agrio judgment was ghostwritten. The second addressed the issue of estoppel as it related to the question whether Chevron had an investment in Ecuador so as to implicate the bilateral investment……