Letters Blogatory

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

Posts tagged “Bulgaria

Case of the Day: Newman v. Bulgaria

Posted on May 9, 2017

The case of the day is Newman v. Republic of Bulgaria (S.D.N.Y. 2017). Bulgaria owned a building in New York where its diplomats at the United Nations lived. The front entrance was covered by a canopy that covered the sidewalk in front of the building. The awning was supported by two posts, and two auxiliary poles. According to Edward Newman, the plaintiff, he was walking on the sidewalk in front of the building, tripped and fell over one of the polls that was lying across the sidewalk, and suffered serious injuries, including a broken nose, a knee injury, and a tear of the rotator cuff of his shoulder. The next day, the city cited the Bulgarian mission for a violation, and the mission fixed…

+Read more

Case of the Day: Zeevi Holdings v. Republic of Bulgaria

Posted on September 5, 2012

We return today to Zeevi Holdings Ltd. v. Republic of Bulgaria, which we first considered on April 15, 2011, when the case was still in the District Court. Here was my summary of the facts: Zeevi, an Israeli firm, had a contract with an agency of the Bulgarian government (but not with Bulgaria itself) to purchase shares in Bulgaria’s national airline. The contract had an arbitration clause calling for arbitration of any disputes in Paris under the UNCITRAL Rules. The agreement was to be “governed by and construed in accordance with” Bulgarian law, and “[t]he execution of an award against the Seller may be conducted only in Bulgaria in accordance with the provisions of Bulgarian law.” Zeevi commenced an arbitration against Bulgaria, asserting various…

+Read more

Case of the Day: Zeevi Holdings Ltd. v. Republic of Bulgaria

Posted on April 15, 2011

The Case of the Day, Zeevi Holdings Ltd. v. Republic of Bulgaria (S.D.N.Y. 2011), is an unusual case involving the intersection between the New York Convention and exclusive choice of forum agreements. Zeevi, an Israeli firm, had a contract with an agency of the Bulgarian government (but not with Bulgaria itself) to purchase shares in Bulgaria’s national airline. The contract had an arbitration clause calling for arbitration of any disputes in Paris under the UNCITRAL Rules. The agreement was to be “governed by and construed in accordance with” Bulgarian law, and “[t]he execution of an award against the Seller may be conducted only in Bulgaria in accordance with the provisions of Bulgarian law.” Zeevi commenced an arbitration against Bulgaria, asserting various misrepresentations, and the…

+Read more