Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “arbitration

Case of the Day: EGI-VSR v. Coderch

Posted on July 8, 2020

The case of the day is EGI-VSR, LLC v. Coderch (11th Cir. 2020). EGI and Juan Carlos Celestino Coderch Mitjans were parties to an arbitration in Chile that resulted in an award granting specific performance of a stock purchase agreement to EGI, which had sought to sell its shares in a Chilean wine company, Viña San Rafael S.A., to Coderch, one of the controlling shareholders. EGI sought recognition and enforcement of the award in Miami. Coderch moved to dismiss on the grounds of insufficient service of process and on the grounds that an award of specific performance could not be confirmed under the Panama Convention. (There were other arguments, too, which I’ll ignore). The court denied the motion and confirmed the award, and on…

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Consumer Arbitration: A Cautionary Tale

Posted on June 26, 2020

Readers, you may know that in addition to serving as an arbitrator in commercial cases, I hear consumer cases under the American Arbitration Association’s consumer arbitration rules. My own experience, which I hope is shared by the parties that appear before me in consumer cases, is that done right, a consumer arbitration can provide a very high quality of justice to the parties in a reasonable time for a reasonable cost. But consumer arbitration is different than most arbitration, because in many cases, the consumer does not want to be there. Yes, the consumer has signed the agreement to arbitrate, and yes, under the law the agreement to arbitrate is, in most cases, valid and binding. But many consumer contracts are really contracts of…

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Case of the Day: GE Energy v. Outokumpu

Posted on June 8, 2020

The case of the day is GE Energy Power Conversion France SAS Corp. v. Outokumpu Stainless USA LLC (S. Ct. 2020). ThyssenKrupp had a contract with FL Industries for the construction of cold rolling mills at ThyssenKrupp’s steel plant in Alabama. The contract provided: “All disputes arising between both parties in connection with or in the performances of the Contract … shall be submitted to arbitration for settlement.” FL had a subcontract with GE for the design and construction of motors for the mills. Outokumpu later acquired the mills from ThyssenKrupp. It alleged that the motors had failed, and it brought an action against GE in the Alabama state court. GE removed the case to the district court and moved to compel arbitration. The…

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