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Case of the Day: EGI-VSR v. Coderch
The case of the day is EGI-VSR, LLC v. Coderch (11th Cir. 2020). EGI and Juan Carlos Celestino Coderch Mitjans were parties to an arbitration in Chile that resulted in an award granting specific performance of a stock purchase agreement to EGI, which had sought to sell its shares in a Chilean wine company, Viña……
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Consumer Arbitration: A Cautionary Tale
Readers, you may know that in addition to serving as an arbitrator in commercial cases, I hear consumer cases under the American Arbitration Association’s consumer arbitration rules. My own experience, which I hope is shared by the parties that appear before me in consumer cases, is that done right, a consumer arbitration can provide a……
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Case of the Day: GE Energy v. Outokumpu
The case of the day is GE Energy Power Conversion France SAS Corp. v. Outokumpu Stainless USA LLC (S. Ct. 2020). ThyssenKrupp had a contract with FL Industries for the construction of cold rolling mills at ThyssenKrupp’s steel plant in Alabama. The contract provided: “All disputes arising between both parties in connection with or in……
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Case of the Day: Corporación AIC v. Hidroelectrica Santa Rita
The case of the day is Corporación AIC SA v. Hidroelectrica Santa Rita SA (S.D. Fla 2020). The parties had a contract for turnkey design and construction of a hydroelectric plant in Guatemala. HSR paid about $11 million to the contractor, AIC, and issued a notice to proceed. But the local community opposed the construction,……
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Case of the Day: In re Storag Etzel
The case of the day is In re Storag Etzel GmbH (D. Del. 2020). The decision does not give the facts of the case other than to say it is a § 1782 application in aid of a private foreign arbitration. So you can guess what the issue is. And maybe you can guess, from……