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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……
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Case of the Day: Servotronics v. Boeing
The case of the day is Servotronics, Inc. v. The Boeing Co. (4th Cir. 2020). Servotronics was a supplier to Rolls Royce, which manufactured engines for use on Boeing’s 787 Dreamliner airplane. Following a 2016 testing accident, Rolls Royce settled Boeing’s claim for damages and then sought indemnification from Servotronics. The parties arbitrated their dispute……
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COVID-19 and Arbitration Hearings
Last week I held a prehearing conference with counsel in a small international arbitration being administered under AAA domestic rules by agreement of the parties. We set a date for the hearing. I proposed setting the hearing down as an audio-visual hearing, with an option to change it to an in-person hearing if conditions warrant.……