Letters Blogatory

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

Posts tagged “Inter-American Convention

Case of the Day: EGI-VSR v. Coderch

Posted on August 25, 2020

The case of the day is EGI-VSR, LLC v. Coderch (11th Cir. 2020). EGI-VSR had a $28 million arbitral award against Juan Carlos Celestino Coderch Mitjans, who lived in Brazil. EGI-VSR sought confirmation in Miami, and the court confirmed the award. On appeal, Coderch argued that he had not properly been served with process in Brazil, because the method of service did not comply with Brazilian law.

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Case of the Day: EGI-VSR v. Coderch

Posted on July 8, 2020

The case of the day is EGI-VSR, LLC v. Coderch (11th Cir. 2020). EGI and Juan Carlos Celestino Coderch Mitjans were parties to an arbitration in Chile that resulted in an award granting specific performance of a stock purchase agreement to EGI, which had sought to sell its shares in a Chilean wine company, Viña San Rafael S.A., to Coderch, one of the controlling shareholders. EGI sought recognition and enforcement of the award in Miami. Coderch moved to dismiss on the grounds of insufficient service of process and on the grounds that an award of specific performance could not be confirmed under the Panama Convention. (There were other arguments, too, which I’ll ignore). The court denied the motion and confirmed the award, and on…

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In re BRF Securities Litigation

Posted on January 28, 2019

The case of the day is In re BRF S.A. Securities Litigation (S.D.N.Y. 2019). The lead plaintiff is the Birmingham Retirement and Relief System. It brought an action against BRF, a poultry exporter in Brazil, whose American depository receipts traded on the NYSE. The claim was that BRF and its executives bribed regulators and officials in Brazil, which led to an investigation and criminal charges there. Birmingham brought securities fraud claims, alleging that BRF had made materially misleading statements and omissions. It also sued BRF’s former officers and directors.

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