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A Hard Brexit for Civil International Judicial Assistance?
Friend of Letters Blogatory Peter Bert has observed that the draft Brexit treaty does not seem to make any provision for judicial cooperation in civil cases. As Peter noted almost a year ago, a “hard Brexit” in the field of international judicial assistance would mean that the Hague Service, Evidence, and Choice of Court Agreements……
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Case of the Day: Lathigee v. BC Securities Commission
The case of the day is Lathigee v. British Columbia Securities Commission (Nev. 2020). The British Columbia securities regulator brought an administrative proceeding in British Columbia for securities fraud against Michael Lathigee. The proceeding resulted in a judgment that he had raised millions of dollars from investors without making necessary disclosures. The regulator ordered disgorgement……
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Case of the Day: Strategic Technologies v. Procurement Bureau
The case of the day is Strategic Technologies Pte Ltd. v. Procurement Bureau of the Republic of China Ministry of National Defense, [2020] EWCA Civ. 1604. Strategic Technologies had a contract to supply goods to the Taiwanese government. The contract had an arbitration clause requiring arbitration in Taipei and was governed by Taiwan law. A……
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Lago Agrio: Argentine Supreme Court Rejects LAP Appeal
The Argentine Supreme Court has rejected, apparently without a written decision, the appeal of the Lago Agrio plaintiffs from the lower courts’ refusal to recognize the Ecuadoran judgment. I am not aware of any other enforcement proceedings pending anywhere else in the world, so it could be that this really is the end of the……
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Don’t Forget The Restatement (Fourth)
In my post on Clay v. Hilton, I gave what I think is the usual or orthodox view: a judgment of state A that is recognized in state B has the preclusive effect that it would have in state A. It doesn’t have more preclusive effect in order to avoid mischief. It doesn’t have less……