Letters Blogatory

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

Posts tagged “attachment

Case of the Day: Crystallex v. Venezuela

Posted on August 5, 2019

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 transferred them to the state-owned oil company, PDVSA. Crystallex won confirmation of the award in Washington and then sought to attach PDVSA’s shares in PDVH, its American subsidiary, which is the ultimate parent of CITGO a Delaware corporation that, according to the court, is “best known for the CITGO sign outside Fenway Park in Boston.” You’ve got that right. PDVSA, and some of its other creditors as amici curiae,…

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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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Case of the Day: Stemcor USA v. Cia Siderurgica

Posted on July 3, 2019

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 perform either contract. Daewoo brought an action against AMT in the Eastern District of Louisiana seeking to compel arbitration and also seeking an attachment of pig iron on a ship then anchored in the port of New Orleans. Daewoo relied both on the rules for maritime attachments and a Louisiana statute providing for prejudgment attachment in aid of an “action for a money judgment.” TKM then sued AMT in…

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