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Case of the Day: Clientron Corp. v. Devon IT, Inc.
The case of the day, Clientron Corp. v. Devon IT, Inc. (E.D. Pa. 2014), seems flagrantly wrong. The facts were simple enough. Clientron was a Taiwan corporation. It had a contract with Devon, a Pennsylvania corporation, for the manufacture and delivery of computer components. The contract had an arbitration agreement. A dispute arose, and Clientron……
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TBS Middle East Carriers v. United Quarries
The case of the day is TBS Middle East Carriers v. United Quarries (S.D.N.Y. 2014). United Quarries charted vessels owned by TBS to carry crushed gabbro aggregate from Fujairah, in the UAE, to Mesaieed, Qatar. Under their contract, 134 shipments were completed. TBS charged United Quarries approximately $30.2 million for freight and $18.2 million for……
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Case of the Day: Commissions Import Export SA v. Republic of the Congo
The case of the day is Commissions Import Export S.A. v. Republic of the Congo (D.C. Cir. 2014). This is the appeal of the decision I reported in January 2013. The holding in the District Court was that where a party to a foreign arbitration has obtained a judgment confirming the award from a foreign……
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Case of the Day: Sonera Holding BV v. Çukurova Holding AŞ
The case of the day is Sonera Holding BV v. Çukurova Holding AŞ (2d Cir. 2014). This is the appeal from the judgment confirming a Swiss arbitral award in a case I considered in January 2013. From the earlier post: “The dispute arose out of a share purchase agreement requiring Çukurova to deliver to Sonera……
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New Paper on § 1782
I’ve posted a new paper I wrote with my partner David Evans on Section 1782 on SSRN. The paper, aimed at arbitration practitioners, is titled The US Judicial Assistance Statute: A Powerful Tool in International Arbitration? It covers the nuts and bolts of the statute as well as recent views on whether the statute can……