Letters Blogatory

The Blog of International Judicial Assistance
By Ted Folkman of Rubin and Rudman LLP

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@posts@lettersblogatory.com

Tag: arbitration

  • Case of the Day: Kazakhstan v. Lawler

    The case of the day is Republic of Kazakhstan v. Lawler (D. Ariz. 2020). Big Sky Energy Corp. commenced an arbitration against Kazakhstan before ICSID, asserting a claim under the US/Kazakhstan bilateral investment treaty. The treaty does not provide protection to “any company that is controlled by non-U.S. nationals if that company does not conduct……

  • Note on Monster Energy v. City Beverages

    Here is a note I wrote with my friend and former partner David Evans on the Ninth Circuit’s decision in the Monster Energy case. Please see the ABA copyright notice at the end. Like judges, arbitrators are paid for their time. Judges, of course, draw a salary from the treasury, while arbitrators are paid by……

  • Case of the Day: Abdul Latif Jameel Transportation v. FedEx

    The case of the day is Abdul Latif Jameel Transportation Co. v. FedEx Corp. (6th Cir. 2019). The case is a big deal in the world of § 1782. One of the great open questions is whether a private international arbitral tribunal is a “tribunal” for purposes of the statute. There were some old cases……

  • Case of the Day: Crystallex v. Venezuela

    The case of the day is Crystallex International Corp. v. Bolivarian Republic of Veneuela (3d Cir. 2019). I last wrote about the case in October 2016. Crystallex, a Canadian company that had invested in a Venezuelan gold mining project, won a $1.2 billion aribtral award against Venezuela after that country nationalized the gold deposits and……

  • Case of the Day: Stemcor USA v. Cia Siderurgica

    The case of the day is Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar (5th Cir. 2019). Daewoo International had a contract with AMT for the purchase of pig iron to be delivered in New Orleans. Thyssenkrupp Mannex GmbH also had a contract with AMT for the purchase of pig iron. AMT failed to……