Letters Blogatory

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

Posts tagged “Congo

Case of the Cay Commissions Import Export v. Congo

Posted on August 15, 2016

The case of the day is Commissions Import Export S.A. v. Republic of the Congo (D. Utah 2016). The Congolese government failed to pay Commissions on public works and materials contracts in the 1980s. An arbitral tribunal issued an award in favor of Commissions, and Commissions obtained recognition of the award in England in 2009. Commissions then brought an action in New York, which was transferred to the District of Columbia, seeking recognition and enforcement of the English judgment. That action resulted in a default judgment for approximately $630 million. Commission then registered the judgment in the District of Utah and served a subpoena on the Bank of Utah calling for information about its “role as owner trustee and security trustee” for a Boeing…

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Case of the Day: Commissions Import Export v. Republic of the Congo

Posted on August 11, 2015

The case of the day is Commissions Import Export, S.A. v. Republic of the Congo (D.D.C. 2015). I’ve written about this case twice before, once in the D.D.C. and once in the D.C. Circuit. In the previous case, the question was: when a party to a foreign arbitration has obtained a judgment confirming the award from a foreign court and then seeks recognition and enforcement of the foreign judgment rather than of the award in a US court, does the statute of limitations in § 207 of the FAA preempts any longer statute of limitations available under state law governing the recognition and enforcement of foreign judgments? The D.C. Circuit said no, and so the case was back in the district court on remand…

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Case of the Day: Avelar v. J. Cotoia Construction, Inc.

Posted on November 11, 2011

In the case of the day, Avelar v. J. Cotoia Construction, Inc. (E.D.N.Y. 2011), the Permanent Mission to the UN of the People’s Republic of the Congo owned land in Bronxville, New York. It hired J. Cotoia Construction as a demolition contractor, and Cotoia subcontracted with National Waterproofing Systems, LLC, which employed Avelar. Avelar was injured on the job, and he sued Cotoia and the Congolese permanent mission for damages in the Queens County Supreme Court. At the outset of the case, Avelar served the summons and complaint (in English) on a receptionist at the mission’s premises in Manhattan. The Congolese mission never answered, but Cotoia and its insurer “forwarded various discovery materials” to the mission by mail as the case progressed. Three months…

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