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Case of the Day: Berkenhoff GmbH v. Global Trade Network, Inc.
The case of the day is Berkenhoff GmbH v. Global Trade Network, Inc. (S.D. Ohio 2012). The parties had a licensing dispute over a patent relating to electric discharge machining wire used in precision cutting. The parties arbitrated the dispute in Frankfurt. The award was in Berkenhoff’s favor, and Berkenhoff sought to confirm the award……
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Case of the Day: Greatship (India) Ltd. v. Marine Logistics Solutions, LLC
The case of the day, Greatship (India) Ltd. v. Marine Logistics Solutions, LLC (S.D.N.Y. 2012), is another example of what I think is an unfortunate trend in the cases: application of ordinary notions of personal jurisdiction in recognition and enforcement proceedings. Greatship was the owner of two Indian-flagged anchor handling tug supply vessels, the Greatship……
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Arbitrators Issue First Interim Award Against Ecuador
While our attention has been focused over the past few days on developments in the Second Circuit, there have been developments in the BIT arbitration between Chevron and Ecuador pending in the Hague. Back in February 2011, the tribunal, though it had not then ruled on its jurisdiction, issued a procedural order under Article 26……
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Case of the Day: Mead Johnson & Co. v. Lexington Insurance Co.
The case of the day is Mead Johnson & Co. v. Lexington Insurance Co. (S.D. Ind. 2012). Mead and PBM Products were competitors in the infant formula business. PBM claimed that Mead was guilty of false advertising. It won a $13.5 million judgment against Mead in 2009, which the Fourth Circuit affirmed in 2011. Mead……
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Case of the Day: Century Indemnity Co. v. Certain Underwriters at Lloyd’s
The case of the day is Century Indemnity Co. v. Certain Underwriters at Lloyd’s of London (S.D.N.Y. 2012). Century, a Pennsylvania insurer, had a reinsurance agreement with certain reinsurers in the London Market in 1968. The reinsurance agreement covered certain asbestos claims. In 2001, the reinsurers imposed new documentation requirements for claims made under the……