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Case of the Day: Rebmann v. Rohde
In Jivraj v. Hashwani, the UK Supreme Court held that an arbitration agreement that required the arbitrators to be chosen from a religious minority group was valid over an objection that the arbitrators are employees of the parties and that discrimination on the basis of religion is barred by the UK’s anti-discrimination legislation. The case……
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Case of the Day: Continental Transfert Technique Ltd. v. Nigeria
The case of the day is Continental Transfert Technique Ltd. v. Federal Gov’t of Nigeria (D.D.C. 2011). An earlier decision provides the factual background. In 1999, Continental contracted with the Nigerian government to produe computer-compatible identification cards. The contract contained an interesting arbitration clause, providing that any dispute shall be referred to arbitration in accordance……
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Case of the Day: Constellation Energy Commodities Group v. Transfield ER Cape Ltd.
The case of the day is Constellation Energy Commodities Group Inc. v. Transfield ER Cape Ltd. (S.D.N.Y. 2011).It raises the question whether forum non conveniens should be a defense to a petition to confirm an arbitral award. I think the answer should be no. Constellation was a Maryland corporation, and Transfield ER Cape Ltd. was……
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Case of the Day: Costa v. Celebrity Cruises
The case of the day is Costa v. Celebrity Cruises, Inc. (S.D. Fla. 2011), involved a motion to vacate an arbitral award. The case repeats what I think is a mistake about the relationship between Article V of the New York Convention and motions to vacate or set aside awards made in the US. I……
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Case of the Day: Government of Ghana v. ProEnergy Services, LLC
The case of the day is Government of Ghana v. ProEnergy Services, LLC (W.D. Mo. 2011). Ghana had entered into a contract with Balkan Energy Limited for the refurbishment of a power plant in Ghana. ProEnergy Services, LLC was the prime subcontractor. Balkan claimed that Ghana had breached the contract by failing to provide a……