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Case of the Day: South32 Chile v. Sumtomo
The case of the day is South32 Chile Copper Holdings Pty Ltd v. Sumitomo Metal Mining Co. (N.Y. Sup. Ct. 2024). The case was for breach of contract; it had to do with “profits realized from operations at a Chilean gold mine.” South32 sought issuance of letters of request to three tax and financial advisory……
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Case of the Day: dmarcian v. DMARC Advisor
The case of the day is dmarcian, Inc. v. DMARC Advisor BV (W.D.N.C. 2023). One of the big problems in email is distinguishing real emails from emails that appear to come from a particular domain but are fake. I can set up an email server to announce that the emails it sends are from any……
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Lago Agrio: Dutch Appellate Court Affirms Decision Rejecting Ecuador’s Challenge to Arbitral Award
I’m a little late to this, but there has been a significant development in the investment treaty dispute between Chevron and Ecuador. As long-time readers know, an arbitral tribunal found that the Lago Agrio judgment was fraudulent and that Ecuador was liable to Chevron and had an obligation to suspend the Ecuadoran judgment’s enforceability. Ecuador……
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Case of the Day: Pivar v. Van Gogh Museum
The case of the day is Pivar v. Van Gogh Museum (S.D.N.Y. 2022). Full disclosure: I was counsel for The Van Gogh Museum Foundation (“the Museum”), the defendant in the case. The Museum houses (though it does not own) the world’s largest collection of the works of Dutch artist Vincent Van Gogh. One service the……
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Lago Agrio: Dutch Supreme Court Affirms Decision In BIT Arbitration
The Hoge Raad (the Dutch Supreme Court) has affirmed a lower court’s decision refusing to annul the interim awards in favor of Chevron in its investment treaty arbitration against Ecuador arising out of the Lago Agrio case. I covered one of the interim awards in February 2012, if you can believe that, as well as……