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Case of the Day: Yukos Capital v. Samaraneftegaz
The case of the day is Yukos Capital S.A.R.L. v. Oio Samaraneftegaz (2d Cir. 2014). In 2004, Yukos loaned Samaraneftegaz almost 2.5 billion rubles. The loan agreement had an arbitration agreement providing for arbitration before the ICC. Samaraneftegaz defaulted, and Yukos demanded arbitration. Samaraneftegaz failed to participate, and eventually Yukos won a judgment for the……
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Case of the Day: Diag Human v. Czech Ministry of Health
The case of the day is Diag Human S.E. v. Czech Republic Ministry of Health (D.D.C. 2014). Diag Human was a Liechtenstein corporation. Its business, in the late twentieth century, was helping “currency-deficient Eastern Bloc states … acquire modern blood plasma technology.” After the fall of the Berlin Wall, Diag Human began to do business……
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Case of the Day: Clientron Corp. v. Devon IT, Inc.
The case of the day, Clientron Corp. v. Devon IT, Inc. (E.D. Pa. 2014), seems flagrantly wrong. The facts were simple enough. Clientron was a Taiwan corporation. It had a contract with Devon, a Pennsylvania corporation, for the manufacture and delivery of computer components. The contract had an arbitration agreement. A dispute arose, and Clientron……
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Case of the Day: Asignacion v. Rickmers Genoa Schiffahrts
The case of the day is Asignacion v. Rickmers Genoa Schiffahrts (E.D. La. 2014). Lito Martinez Asignacion, a Philippine national, was employed by Rickmers Genoa Schiffahrts as a seaman aboard the M/V Rickmers Dalian, a Marshall Islands-flagged vessel. There was a written employment contract, entered into by Rickmers and by the Philippine government through the……
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Case of the Day: Mont Blanc v. Khan
The case of the day is Mont Blanc Trading Ltd. v. Khan (S.D.N.Y. 2014). Mont Blanc, which had won an arbitral award at the LCIA and then won confirmation at the English High Court, came to the US seeking recognition and enforcement. But a simple error will send Mont Blanc back to the drawing board.