The case of the day is Harvardsky Prumyslovy Holding, A.S. v. Kozeny (N.Y. App. Div. 2018). I like the terse style of New York appellate division decisions, but it makes the facts hard to decipher. Prumyslovy had a Czech judgment against Kozeny, and Kozeny moved the dismiss when Prumyslovy sought recognition and enforcement. The court held that Kozeny had waived the defense of lack of jurisdiction for procedural reasons, but its alternative holding was more interesting.
The case of the day is Calista Enterprises, Ltd. v. Tenza Trading, Ltd. (D. Or. 2014). Calista, a Seychelles company, sued Tenza Trading, a Cyprus company, and Tenza brought a counterclaim against Calista and Alexander Zhukov, who it alleged was Calista’s alter ego. Zhukov resided in the Czech Republic, but he had an address in Russia as well. Tenza moved under FRCP 4(f)(3) for leave to make service on Zhukov by alternate means, namely by email, by service on his US lawyers, and by mail to his home in the Czech Republic and to his address in Russia.
Tagged: Czech Republic, Email, Hague Service Convention, Russia, service by mail
The case of the day is Diag Human S.E. v. Czech Republic Ministry of Health (D.D.C. 2014). Diag Human was a Liechtenstein corporation. Its business, in the late twentieth century, was helping “currency-deficient Eastern Bloc states … acquire modern blood plasma technology.” After the fall of the Berlin Wall, Diag Human began to do business in the Czech Republic. One of Diag Human’s most important commercial partners was Novo Nordisk. The claim was that the Czech minister of health sent a letter to Novo Nordisk “intended to dissuade Novo Nordisk from continuing to do business with Diag.” The letter, according to Diag Human, “contained statements expressing concerns about Diag Human’s business ethics and credibility.” As a result, Novo Nordisk stopped doing business with Diag…
Tagged: arbitration, Czech Republic, FSIA, New York Convention