Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Argentina”

Case of the Day: Automobil Lamborghini v. Garcia

Posted on May 25, 2020

The case of the day is Automobile Lamborghini S.p.A. v. Garcia (E.D. Va. 2020). The claim was that Garcia had been selling counterfeit Lamborghini goods on the internet. Garcia and his lawyer were communicating with the plaintiff’s lawyers, so they were aware of the lawsuit, but efforts to serve Garcia in Argentina via the central authority mechanism failed when, after a year, the Argentine authorities attempted service at Garcia’s known address, only to find it was vacant and under construction. Lamborghini then sought and obtained leave to serve process via email (Argentina objects to service by alternate means under Article 10 of the Service Convention). After the email was sent, Garcia entered an appearance and moved to dismiss; his initial motion to dismiss did…

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Case of the Day: TIG Insurance v. Argentina

Posted on July 15, 2019

The case of the day is TIG Insurance Co. v. Republic of Argentina (D.D.C. 2019). TIG had an arbitral award against Argentina and a default judgment confirming the award that, with interest and penalties, was in the amount of $33.66 million. In 2018, Argentina decided to list real property in Washington for sale. The property had previously been used as a diplomatic residence but had fallen into disrepair. TIG moved for writs of attachment and execution, but Argentina immediately thereafter took the property off the market. The question was whether the property had immunity from execution under the FSIA.

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Lago Agrio: Update and Correction

Posted on July 11, 2019

A correction to my last post on the Lago Agrio case. An alert reader noted that there is still an enforcement proceeding pending in Argentina’s Supreme Court. In late 2017, I reported on the first-instance decision in Argentina, and although I didn’t cover it, in July 2018 Chevron published an English translation of the appellate decision affirming the lower court’s decision. I cannot find a reference online to the proceeding in the Argentine Supreme Court, but assuming the reader’s account is correct, then it is not right to say that the Lago Agrio case is wholly over. Hope springs eternal in the human breast. A few more observations about the latest development in Canada:

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