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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 […]
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Cert. Watch: Kiobel v. Cravath
I’m keeping an eye on the new cert. petition in Kiobel v. Cravath, Swaine & Moore LLP. This was the case where a plaintiff had sought to use § 1782 to obtain documents from its opponent’s (Royal Dutch Shell’s) US law firm (Cravath) that had previously been produced, for use in US litigation, subject to […]
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Lago Agrio: The Remedy
This is the third post about the new arbitral award in the Chevron/Ecuador case. The first post addressed the tribunal’s finding that the Lago Agrio judgment was ghostwritten. The second addressed the issue of estoppel as it related to the question whether Chevron had an investment in Ecuador so as to implicate the bilateral investment […]
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Case of the Day: Kiobel v. Cravath, Swaine & Moore
The case of the day is Kiobel v. Cravath, Swaine & Moore LLP (2d Cir. 2018). You’ll no doubt recall the name Kiobel from Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), the case in which the Supreme Court held that the ordinary presumption against extraterritorial application of US laws applies to […]