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Lago Agrio: Dutch Court Rejects Ecuador’s Motion to Set Aside the Interim Awards
The District Court of the Hague has rejected Ecuador’s attempt to set aside the interim awards entered by the tribunal hearing the BIT dispute between Ecuador and Chevron. As I have previously noted, the tribunal had ordered Ecuador to “take all measures necessary to suspend or cause to be suspended the enforcement and recognition within……
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Case of the Day: Dooh v. Royal Dutch Shell
The case of the day is Dooh v. Royal Dutch Shell plc, a recent decision of the Court of Appeal in the Hague. The decision is apparently only available in Dutch, though the link has an official press release in English describing the decision.
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Case of the Day: In re Petition of Macquarie Bank
The case of the day is In re Petition for Judicial Assistance of Macquarie Bank, Ltd. (D. Nev. 2015). Macquarie, an Australian bank, had lent $11 million to Juno Holdings, B.V., a Netherlands Antilles company, in anticipation of an IPO by Juno’s indirect subsidiary, Liberty Financial Pty Ltd. Juno did not repay the loan, and……
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Case of the Day: Mees v. Buiter
The case of the day is Mees v. Buiter (2d Cir. 2015). This is the second significant appellate decision on § 1782 in a matter of days—I covered the new Posco case last week. Willem H. Buiter had made accusations against Heleen Mees that had led to her being arrested and charged with misdemeanors for……
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Case of the Day: Stichting Shell Pensionenfonds v. Krys
The case of the day is Stichting Shell Pensionenfonds v. Krys [2014] UKPC 41. Shell, a Dutch pension fund, had invested in shares of Fairfield Sentry Ltd., a BVI mutual fund and the largest “feeder fund” for Bernard L. Madoff Investment Securities LLC, which needs no introduction. After Madoff’s arrest, Shell immediately sought to redeem……