-
Case of the Day: Samsun Logix Corp. v. Bank of China
Our case of the day, Samsun Logix Corp. v. Bank of China (S.D.N.Y. 2010), involves the question of a district court’s removal jurisdiction over a state court action to garnish the bank account of the losing party in a foreign arbitration after the district court granted a motion to recognize and enforce the award. The……
-
Case of the Day: Wuxi Taihu Tractor Co. v. York Group, Inc.
Our case of the day, Wuxi Taihu Tractor Co. v. York Group, Inc. (S.D. Tex. 2011), is a fairly straightforward application of waiver principles in a Hague Service Convention case. The parties were both manufacturers of coffins. The procedural posture of the case was somewhat complicated, but at bottom, York had sued Wuxi, a Chinese……
-
Case of the Day: Intercontinental Industries Corp. v. Luo
Our case of the day is Intercontinental Indus. Corp. v. Luo, Civ. A. No. 10-4174 (C.D. Cal. Jan. 20, 2011). Intercontinental sued Luo, the Communist Party Secretary of Hubei Province and owner of Wushan State Owned Industrial Holding Co., for fraud and violations of the RICO Act. The claim was that Luo induced Intercontinental to……
-
Digest for January 26, 2011
We have a little catching up to do, so here is a digest of a couple of recent cases that are probably not going to get top billing as cases of the day. In re Application of Inversiones y Gasolinera Petroleos Venezuela, Civ. A. No. 08-20378 (S.D. Fla. Jan. 19, 2011). Like Chevron Corp. v. Berlinger, the……
-
New Chinese Conflict of Laws Statute
Conflict of Laws.net has posted a new translation of the Statute on the Application of Laws over Foreign-Related Civil Relations of the People’s Republic of China, which goes into effect on April 1, 2011. I was most interested in its provisions on choice of law with regard to IP issues and in arbitration. In the……