Tag Archives: Hague Service Convention

Water Splash: Notes on Volkswagen from the new ABA Treatise

The publication of the new ABA treatise, which I noted yesterday, reminded me that I had already written about the question I noted last month in my discussion of the government’s amicus brief in the Water Splash case, namely whether the Hague Service Convention applies to all judicial documents, or just to the summons and complaint. Here is a short excerpt from my chapter in the new book, without the footnotes.
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Case of the Day: Phoenix Process Equipment v. Capital Equipment & Trading

The case of the day is Phoenix Process Equipment Co. v. Capital Equipment & Trading Corp. (W.D. Ky. 2017). Phoenix was a Kentucky company that designs and manufactures water recycling equipment used to wash coal. Capital Equipment & Technology Corp., a Delaware corporation that used the trade name CETCO, was its distributor in Russia and Ukraine. The distribution contract was signed by its CEO, Alexander Chudnovets. Capital Equipment & Technology Corp. was dissolved in 2011, unbeknownst to Phoenix. Phoenix continued to do business with two other companies that used the CETCO name: Capital Equipment & Trading Corp., a Texas corporation, and Coralina Engineering, LLC, a Russian limited liability company. Chudnovets was the sole member of Coralina and the the CEO of Capital Equipment & Trading.

A dispute arose when Phoenix learned that Coralina was selling products very similar to its own within the distribution territory. Phoenix sued in the Jefferson Circuit Court, and the defendants removed the case to the District Cout. The claims for for breach of contract, unfair competition, violations of the Uniform Trade Secrets Act, civil conspiracy, and fraud. Coralina and Chudnovets moved to dismiss for insufficient service of process.
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Water Splash v. Menon: Two Briefs

The first two briefs are on file in Water Splash v. Menon, the Supreme Court case on the interpretation of Article 10(a) of the Hague Service Convention. First is the petitioner’s brief, of course, and there’s also an amicus brief from the United States in support of the petitioner’s view.
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