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Digest for April 6, 2011
GSS Group Ltd. v. National Port Auth. (D.D.C. 2011). Dismissing a petition to confirm an award in an arbitration between a British Virgin Islands company and a quasi-governmental Liberian corporation on the grounds that the court lacked personal jurisdiction over the Liberian defendant, notwithstanding the plaintiff’s argument that as a foreign state-owned corporation had no……
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Case of the Day: Tamimi Global Co. v. Kellogg Brown & Root LLC
The case of the day is Tamimi Global Co. v. Kellogg Brown & Root LLC (S.D. Tex. 2011). In 2001, the United States government contracted with KBR to provide “dining facility services” to the military. In 2003, KBR subcontracted with Tamimi for food services at Camp Anaconda in Iraq. The subcontract contained an arbitration clause……
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Case of the Day: DRC, Inc. v. Republic of Honduras
The case of the day, DRC, Inc. v. Republic of Honduras (D.D.C. 2011), is an action to enforce an arbitral award made in Honduras. It is also the first case of the day arising under the Panama Convention. (Why does the Panama Convention, rather than the New York Convention, apply? The FAA has an express……
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Gustavo Lamelas on the Judicial Assistance Statute
The March 2011 issue of the International Bar Association’s Arbitration News is out. Of particular interest in an article by Gustavo J. Lamelas of DLA Piper: The Evolving Standards for Extending US Discovery Assistance to International Arbitration. Lamelas notes that Intel Corp. v. Advanced Micro Devices has sparked “intense efforts to extend [the judicial assistance……
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Case of the Day: Belmont Partners v. Mina Mar
The case of the day is Belmont Partners, LLC v. Mina Mar Group, Inc. (W.D. Va. 2010). It’s a perfect example of what should not happen in arbitration–the parties agreed to arbitrate, then settled, then one reneged on the settlement, then they sued each other in two countries. The parties were both in the business……