-
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……
-
Article of the Day: Beale, Lugar, and Schwarz on the Judicial Assistance Statute and Arbitration
Kenneth Beale, Justin Lugar, and Franz Schwarz, all lawyers with WilmerHale, have a new article on the applicability of the judicial assistance statute, 28 U.S.C. § 1782, to international arbitration: Solving the § 1782 Puzzle: Bringing Certainty to the Debate Over 28 U.S.C. § 1782’s Application to International Arbitration, 47 Stan. J. Int’l L. 51……
-
Case of the Day: In re Crystal Power Co.
I ignore the Letters Blogatory Scope of Coverage today in order to write about In re Crystal Power Co. (5th Cir. 2011) [Initial Decision] [On Rehearing]. Can you blame me? It’s a mandamus case involving removal jurisdiction! H/T to Louis M. Solomon for a pointer to the case. Crystal Power was an El Salvador firm.……
-
Case of the Day: Tamimi Global Co. v. Kellogg Brown & Root
Today we revisit the case of the day from April 5, 2011, Tamimi Global Co. v. Kellogg Brown & Root. KBR had a US government contract in Iraq. The case arose when a subcontractor, Tamimi, sought to confirm an arbitral award against KBR for non-payment; KBR’s defense was that the government had not paid what it owed,……
-
Case of the Day: Linsen International Ltd. v. Humpuss Sea Transport
The Case of the Day is Linsen International Ltd. v. Humpuss Sea Transport Pte Ltd. (S.D.N.Y. 2011). Linsen and the other plaintiffs were shipowners who chartered their ships to HST. HST failed to pay. The charter agreement had an arbitration clause calling for arbitration in London. During the arbitration, HST “attempted to reorganize its corporate……