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Case of the Day: ECO Heating Systems v. Hamilton Engineering
The case of the day is ECO Heating Systems Groningen, N.V. v. Hamilton Engineering, Inc. (E.D. Mich. 2017). The case involves recognition of a foreign judgment and a claim that the foreign court lacked personal jurisdiction, just like yesterday’s case. But I want to focus on an odd issue of arbitrability in the case instead.……
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Case of the Day: Cerner Middle East v. Al-Dhaheri
The case of the day is Cerner Middle East Ltd. v. Al-Dhaheri (D. Mass. 2017). Cerner was a Cayman Islands company with its offices in Missouri. Ahmed Dhaheri was a UAE citizen living in Abu Dhabi. He was one of the two members of iCapital LLC, a UAE company. In 2008, iCapital made a contract……
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Case of the Day: CBF Indústria de Gusa v. AMCI Holdings
The case of the day is CBF Indústria de Gusa S/A v. AMCI Holdings, Inc. (2d Cir. 2017). CBF and several other plaintiffs were Brazilian companies in the business of producing and supplying pig iron. They sold the iron to Primetrade AG, a Swiss company, which then supplied it to Primetrade USA. In 2004, one……
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Case of the Day: Enron Nigeria Power Holding v. Nigeria
The case of the day is Enron Nigeria Power Holding, Ltd. v. Federal Republic of Nigeria (D.C. Cir. 2016). Nigeria was party to a contract for construction of electrical facilities with ENPH. The contract was made in 1999, but almost immediately thereafter Nigeria suspended implementation, after it received a letter from the World Bank criticizing……
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Case of the Day: Hardy Exploration v. Government of India
The case of the day is Hardy Exploration & Production (India), Inc. v. Government of India (D.D.C. 2016). Hardy was a participant, initially with other private firms and later on its own, then in the end with an Indian state-owned company, GAIL (India) Ltd., in a contract with the government of India for the development……