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Case of the Day: Marker Völkl (International) GmbH v. Epic Sports International, Inc.
The case of the day is Marker Völkl (International) GmbH v. Epic Sports International, Inc. (S.D.N.Y. 2013). Marker Völkl, a Swiss corporation, had a license agreement with Epic, a Nevada corporation, under which Epic distributed Marker Völkl’s tennis equipment. In a separate agreement, Capstone Business Credit, LLC, a New York company, guaranteed Epic’s performance of……
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Case of the Day: Commissions Import Export S.A. v. Republic of the Congo
The case of the day is Commissions Import Export SA v. Republic of the Congo (D.D.C. 2013). The case deals with local statutes of limitations applicable to recognition and enforcement of foreign arbitral awards, a topic we saw in the discussion of Yugraneft Corp. v. Rexx Management Corp., [2010] 1 S.C.R. 649 (Can.), the case……
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Case of the Day: Concesionaria Dominicana de Autopistas y Carreteras v. Dominican Republic
Welcome back, and happy new year! The case of the day is Concesionaria Dominicana de Autopistas y Carreteras v. Dominican State (D.D.C. 2012). In 2001, the Concesionaria Dominicana de Autopistas y Carreteras (CODACSA) entered into a contract with the government of the Dominican Republic to develop several highways. Under the contract, CODACSA was entitled to……
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Case of the Day: Agility Public Warehousing v. Supreme Foodservice GmbH
We return today to Agility Public Warehousing v. Supreme Foodservice GmbH, which we first saw in my post of Jan. 23, 2012. Here was my statement of the facts: Supreme wanted to bid on a US government contract to supply food to the troops in Afghanistan. It made a contract with Agility Public Warehousing and……
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Case of the Day: Aioi Nissay Dowa Insurance Co. v. ProSight Speciality Management Co.
The case of the day is Aioi Nissay Dowa Insurance Co. v. ProSight Specialty Management Co. (S.D.N.Y. 2012). ProSight was an aviation insurance company, and Aioi was its reinsurer. The reinsurance contracts had an arbitration clause requiring arbitration in New York. The parties had also made an agreement to “make good-faith efforts to limit the……