Letters Blogatory

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

Posts tagged “Dubai

Case of the Day: Abdul Latif Jameel Transportation v. FedEx

Posted on September 24, 2019

The case of the day is Abdul Latif Jameel Transportation Co. v. FedEx Corp. (6th Cir. 2019). The case is a big deal in the world of § 1782. One of the great open questions is whether a private international arbitral tribunal is a “tribunal” for purposes of the statute. There were some old cases that said “no,” but then came Intel, in which the Supreme Court adopted a functional test for deciding what is an is not a tribunal. People speculated that in light if Intel courts would begin to say that private arbitral tribunals were tribunals for purposes of the statute, but to date, that hasn’t happened at the appellate level. Today’s decision is the first decision of a circuit court, post-Intel…

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Case of the Day: Carson v. Griffin

Posted on June 11, 2013

The case of the day is Carson v. Griffin (N.D. Cal. 2013). Fletcher Carson sued several defendants, including Walsh Griffin, Walsh Capital Group, Ivan Ahmed Azziz, Daniel Okwudili Nwankwo, Cisse Abdoulaye, and Ben Aka, on a variety of claims. I don’t attempt to summarize the claims of the pro se complaint. Griffin and Walsh Capital Group were located in Ireland. The others were in Dubai. Carson attempted to serve each of these defendants via email using RPost’s service. You may remember RPost from the case of the day of February 7, 2012, in which RPost was the plaintiff and used its own email technology to effect service. As in the earlier case, Carson did not know the addresses of the foreign defendants, and so…

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Case of the Day: Injazat Technology Fund v. Najafi

Posted on May 8, 2012

The case of the day is Injazat Technology Fund v. Najafi (N.D. Cal. 2012). Injazat and Hamid Najafi, an American, were both parties to an investment agreement with Broadlink Research FZ, LLC, a Dubai company. Najafi was Broadlink’s CEO. Under the agreement, Injazat agreed to buy 35% of Broadlink’s stock for $3 million. The agreement had an arbitration clause requiring arbitration of disputes arising under the agreement in London, under English law and the ICC rules. Injazat alleged that Najafi had made misrepresentations about Broadlink’s liabilities in the course of the negotiations leading up to the deal, and it initiated an arbitration. Following the hearing, the arbitrator awarded Injazat damages in the full amount of its investment, plus interest, costs, and fees. Injazat sought…

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