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Ira Ryk-Lakhman on Kindred Nursing Centers v. Clark
Friend of Letters Blogatory Ira Ryk-Lakhman comments on the Supreme Court’s most recent arbitration decision. On May 15, 2017, the US Supreme Court decided Kindred Nursing Centers, L.P. v. Clark. The question before the Court was whether the Federal Arbitration Act (FAA) preempts a state law contract rule that singles out arbitration by requiring a……
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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……