Letters Blogatory

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

Posts tagged “England

Case of the Day: A v. C

Posted on February 20, 2020

The case of the day is A v. C, [2020] EWHC 258 (Comm). The dispute was between joint venturers in a central Asian oil field. The details are unimportant. The claimants demanded arbitration in New York, and the arbitration proceeded to an evidentiary hearing. The tribunal gave permission to the claimants to seek an order from an English court for the taking of evidence from a third party in that country. The interesting jurisdictional question was whether § 44 of the Arbitration Act 1996 gives the court jurisdiction to compel a third party to give evidence.

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Case of the Day: Baskett v. Autonomous Research LLP

Posted on October 4, 2018

The case of the day is Baskett v. Autonomous Research LLP (S.D.N.Y. 2018). Erin Baskett sued Autonomous Research LLP, an English firm, for employment discrimination and retaliation under New York and federal law. She served process in England by private process server (not a solicitor). Autonomous Research moved to dismiss for insufficient service of process.

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Case of the Day: Louis Dreyfus Commodities Suisse v. Financial Software Systems

Posted on August 15, 2017

The case of the day is Louis Dreyfus Commodities Suisse SA v. Financial Software Systems, Inc. (3d Cir. 2017). FSS, a Pennsylvania corporation, licensed software to Dreyfus, a Swiss company, in 1996. In 2012, they amended the license agreement to include an exclusive choice of forum clause providing that disputes would be litigated in England. Dreyfus brought an action against FSS for breach of contract in the High Court. It received leave of the English court to serve process on FSS at its headquarters in Pennsylvania. Dreyfus hired a process server, who personally served the papers on one of FSS’s directors. FSS defaulted, and eventually the English court entered a default judgment for more than $700,000. In 2014, Dreyfus sought recognition and enforcement of…

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