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Case of the Day: Concesionaria Dominicana de Autopistas y Carreteras v. Dominican Republic
Welcome back, and happy new year! The case of the day is Concesionaria Dominicana de Autopistas y Carreteras v. Dominican State (D.D.C. 2012). In 2001, the Concesionaria Dominicana de Autopistas y Carreteras (CODACSA) entered into a contract with the government of the Dominican Republic to develop several highways. Under the contract, CODACSA was entitled to……
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Case of the Day: Nanda v. Nanda
The case of the day is Nanda v. Nanda (N.D. Tex. 2012). Jay and Atul Nanda, brothers, were fighting over control of Dibon Solutions, Inc. in the Texas state courts. In 2011, they dismissed the Texas litigation and agreed to settle some of their disputes in arbitration. The arbitrator’s award, rendered only a month or……
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Case of the Day: Agility Public Warehousing v. Supreme Foodservice GmbH
We return today to Agility Public Warehousing v. Supreme Foodservice GmbH, which we first saw in my post of Jan. 23, 2012. Here was my statement of the facts: Supreme wanted to bid on a US government contract to supply food to the troops in Afghanistan. It made a contract with Agility Public Warehousing and……
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Case of the Day: Aioi Nissay Dowa Insurance Co. v. ProSight Speciality Management Co.
The case of the day is Aioi Nissay Dowa Insurance Co. v. ProSight Specialty Management Co. (S.D.N.Y. 2012). ProSight was an aviation insurance company, and Aioi was its reinsurer. The reinsurance contracts had an arbitration clause requiring arbitration in New York. The parties had also made an agreement to “make good-faith efforts to limit the……
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Case of the Day: Changzhou Amec Eastern Tools & Equipment v. Eastern Tools & Equipment
The case of the day, Changzhou Amec Eastern Tools & Equipment Co. v. Eastern Tools & Equipment, Inc. (C.D. Cal. 2012), is a rare and disturbing case—the judge refused to confirm an international arbitral award after finding that the respondent had been forced to sign the arbitral agreement under duress. Eastern Tools, a California corporation,……