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Case of the Day: Dedon GmbH v. Janus et Cie
The case of the day, Dedon GmbH v. Janus et Cie (S.D.N.Y. 2011), is a needless procedural tangle. The complexity arose because it was unclear whether an arbitration agreement existed between the parties.
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Case of the Day: Ingaseosas International v. Aconcagua Investing
The case of the day, Ingaseosas Int’l Co. v. Aconcagua Inv. Ltd. (S.D. Fla. 2011), raises interesting questions of federal subject matter jurisdiction of motions to vacate awards made under the New York Convention. Ingaseosas and Aconcagua were both British Virgin Islands firms. They entered into a stock purchase agreement concerning shares in another BVI company……
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Case of the Day: Altain Khuder LLC v. IMC Mining
HT to Global Arbitration Review (subscription required) for bringing to light the case of the day, Altain Khuder LLC v. IMC Mining, Inc. (Victoria Supreme Court 2011). IMC Mining had a contract with Altain Khuder to provide plans for an iron ore mine in Mongolia and then to operate the mine. Altain Khuder was required,……
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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……