Letters Blogatory

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

Posts tagged “Belgium

Case of the Day: Presley v. N.V. Masureel Veredeling

Posted on April 30, 2012

The case of the day is Presley v. N.V. Masureel Veredeling (Tex. Ct. App. 2012). Marina Presley was the president of Sudaglass Fiber Co. She and Sudaglass entered into a joint venture agreement with Masureel, a Belgian company in the business of yarns and fabrics finishing. The aim of the joint venture was to sell continuous filament fiber. The joint venture agreement provided that it was to be “governed by, and construed and interpreted in accordance with, the laws of Belgium.” It also had agreement to arbitrate disputes “arising out of or in relation with the Agreement”. Presley also entered into a loan agreement with Masureel on the same day as the joint venture agreement. The loan agreement was attached as an exhibit to…

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NML Capital Goes To Europe

Posted on November 16, 2011

NML Capital, one of Argentina’s creditors, has been trying to collect on a US judgment for years. As we saw in NML Capital v. Banco Central (2d Cir. 2011), the case of the day from July 8, 2011, the Second Circuit held that the assets of the Argentine Central Bank on deposit with the Federal Reserve Bank of New York were immune from attachment under 28 U.S.C. § 1611(b). Gilles Cuniberti has reported on NML’s efforts to get at Argentina’s assets in Belgium and France, where NML attempted to attach bank accounts held by Argentine embassies and missions to UNESCO and other international bodies. In both cases, Argentina asserted diplomatic immunity. The issue in both cases turned on the Vienna Convention on Diplomatic Relations.…

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Case of the Day: Prism Investments BV v. van der Meer

Posted on October 21, 2011

Conflict of Laws.net had a post on a recent decision of the European Court of Justice, Prism Investments BV v. van der Meer. The facts were as follows: A Finnish bank loaned money to Arilco Opportune, which in turn lent the money to its Netherlands subsidiary, Arilco Holland. Arilco Holland transferred the funds to Prism Investments, another Netherlands company. The Rechtbank van Koophandel te Brussel (the Commercial Court of Brussels) ordered Arilco Opportune to repay the Finnish bank. Arilco Opportune appealed to the Hof van Beroep te Brussels (the Court of Appeals in Brussels), and in the appeal, Arilco Holland sought an order seeking reimbursement from Prism. The appellate court granted the order for reimbursement. Later, Ariclo Holland was declared insolvent, and van der…

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