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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.……
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Case of the Day: A v. C
The case of the day is A v. C, [2020] EWHC 258 (Comm). The dispute was between joint venturers in a central Asian oil field. The details are unimportant. The claimants demanded arbitration in New York, and the arbitration proceeded to an evidentiary hearing. The tribunal gave permission to the claimants to seek an order……
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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……
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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……