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Super-Duper Disregard Of Law
At the talk I gave last week on choice of law in international IP arbitration (thanks to those who attended!), someone asked whether a mistake as to the law governing the substance of an IP dispute would justify a court in refusing recognition and enforcement of the award. I gave what I think is the……
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New article on the US Reception of Private International Law Conventions
HT to Conflict of Laws.net for a link to a new paper by Hannah L. Buxbaum on the reception of private international law conventions, including the Hague Service, Evidence, and Apostille Conventions and the New York Convention, in the United States. The paper is available on SSRN. The paper focuses on the ways in which……
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Update on UNCITRAL Working Group II meeting
We’ve reported a few of times on investment treaty arbitrations (the Argentina v. BG Group case, and the judicial assistance applications arising out of the Lago Agrio litigation, here and here). These arbitrations raise issues of public concern that are typically not present in traditional private arbitration, and therefore, there has been talk of a……
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Case of the Day: AO Technabexport v. Globe Nuclear Servs. & Gas Supply
In the case of the day, AO Techsnabexport v. Globe Nuclear Servs. & Gas Supply, Ltd., No. 09-2064 (4th Cir. Dec. 15, 2010), the Fourth Circuit affirmed a district court’s decision confirming an international arbitral award between a U.S. firm and a Russian firm buying and selling uranium, over objections that the tribunal had violated its……
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Case of the Day: Intercontinental Industries Corp. v. Luo
Our case of the day is Intercontinental Indus. Corp. v. Luo, Civ. A. No. 10-4174 (C.D. Cal. Jan. 20, 2011). Intercontinental sued Luo, the Communist Party Secretary of Hubei Province and owner of Wushan State Owned Industrial Holding Co., for fraud and violations of the RICO Act. The claim was that Luo induced Intercontinental to……