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Case of the Day: Hardy Exploration v. India
The case of the day is Hardy Exploration & Production (India), Inc. v. Government of India (D.D.C. 2018). It’s a rare example of a US court refusing to confirm an international arbitral award on the grounds that it violates US public policy. Hardy had a contract with the Indian government to search for and extract……
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Case of the Day: KT Corp. v. ABS Holdings
The case of the day is KT Corp. v. ABS Holdings, Ltd. (S.D.N.Y. 2018). KT was a Korean firm that managed Korea’s fleet of communications satellites. ABS was a Bermuda corporation doing business in Hong Kong. In 2010, KT and ABS made a contract for the purchase and sale of the KOREASAT-3 satellite. Title would……
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Case of the Day: Ingenieria, Maquinaria Y Equipos v. ATTS
The case of the day is Ingenieria, Maquinaria Y Equipos de Colombia S.A. v. ATTS Inc. (D.N.J. 2017). ATTS was the agent of ISGEC John Thompson Ltd., which sold commercial boilers. IMECOL and ATTS entered into a three-year agreement under which IMECOL would act as sub-agent and would sell IJT boilers in Colombia. The agreement……
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Some Thoughts On Consumer Arbitration
Recently Congress voted to disapprove the Consumer Financial Protection Bureau’s Arbitration Agreements Rule, which would have prohibited agreements to arbitrate in certain consumer financial contracts that bar consumers from participating in class actions. The debate about the Rule was heated. The question at hand was whether it makes sense to allow financial companies to bar……
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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.……