The case of the day is Shanghai Commercial Bank Ltd. v. Chang (Wash. Ct. App. 2016). The bank had a Hong Kong judgment against Chang on account of an unpaid debt. The bank sought recognition and enforcement of the Hong Kong judgment in Washington, where Chang and his wife, Chen, had lived for many years. They were married long before Chang incurred the debt to the bank, though Chen herself had not incurred the debt and didn’t know about it at the time. The trial court held previously held that the Hong Kong judgment was entitled to recognition, and in today’s case it held that the judgment could be enforced against the marital property of Chang and Chen (Washington is a community property state). Chang appealed.
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Tag Archives: China
Case of the Day: CEEG (Shanghai) Solar v. LUMOS LLC
The case of the day is CEEG (Shanghai) Solar Science & Technology Co. v. LUMOS LLC (10th Cir. 2016). CEEG was a Chinese solar panel manufacturer. LUMOS was a solar energy company in Colorado. The parties had a co-branding agreement under which LUMOS agreed to purchase at least a minimum number of solar panels from CEEG over three years and CEEG warranted that the goods would conform to the contract specification. The agreement provided: “all documentation, notices, judicial proceedings, and dispute resolution and arbitration entered into, given, instituted pursuant to, or relating to, this Agreement be drawn up in the English language.” And it provided for arbitration before CIETAC. On the other hand, it provided that each order for goods would be subject to subsequent purchase contracts. The parties did enter into a subsequent contract, which again provided for CIETAC arbitration but did not provide for the use of English. The CIETAC Rules provide that if
the parties have agreed on the language of arbitration, their agreement shall prevail. In the absence of such agreement, the language of arbitration … shall be Chinese or any other language designated by CIETAC having regard to the circumstances of the case.
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Lago Agrio: Ecuador Pays Arbitral Award
Reuters is reporting that Ecuador has paid Chevron the $96 million awarded in a treaty arbitration ($112 million with interest). I’ve written several posts about this award and its aftermath. You may want to review my post on the DC Circuit’s decision affirming confirmation of the award and my post on the Hoge Raad’s decision rejecting Ecuador’s challenge to the award.
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