Letters Blogatory

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

Posts tagged “Brazil

Case of the Day: EGI-VSR v. Coderch

Posted on August 25, 2020

The case of the day is EGI-VSR, LLC v. Coderch (11th Cir. 2020). EGI-VSR had a $28 million arbitral award against Juan Carlos Celestino Coderch Mitjans, who lived in Brazil. EGI-VSR sought confirmation in Miami, and the court confirmed the award. On appeal, Coderch argued that he had not properly been served with process in Brazil, because the method of service did not comply with Brazilian law.

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Case of the Day: EGI-VSR v. Coderch

Posted on July 8, 2020

The case of the day is EGI-VSR, LLC v. Coderch (11th Cir. 2020). EGI and Juan Carlos Celestino Coderch Mitjans were parties to an arbitration in Chile that resulted in an award granting specific performance of a stock purchase agreement to EGI, which had sought to sell its shares in a Chilean wine company, Viña San Rafael S.A., to Coderch, one of the controlling shareholders. EGI sought recognition and enforcement of the award in Miami. Coderch moved to dismiss on the grounds of insufficient service of process and on the grounds that an award of specific performance could not be confirmed under the Panama Convention. (There were other arguments, too, which I’ll ignore). The court denied the motion and confirmed the award, and on…

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The Carta Arbitral

Posted on March 19, 2019

I was at a talk last week at which I heard about a new procedural mechanism in Brazil that I hadn’t heard of before: the carta arbitral (the “arbitral letter”). The purpose of the arbitral letter is to give the tribunal a means of requesting assistance from a court in carrying out its orders (for example, orders for preliminary relief, or discovery orders). The device is innovative insofar as it provides only very limited grounds for refusing to comply with the letter.

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