Tag: Recognition and Enforcement

  • Case of the Day: DeJoria v. Maghreb Petroleum Exploration

    The case of the day is DeJoria v. Maghreb Petroleum Exploration S.A. (5th Cir. 2019). I covered a prior Fifth Circuit decision back in 2015, and an even earlier district court decision in 2014. John Paul DeJoria,the billionaire behind the Paul Mitchell hair care line, went into the oil exploration business, hoping to discover reserves……

  • Massachusetts Adopts the Uniform Enforcement of Foreign Judgments Act

    Massachusetts has taken a significant step towards modernizing its law of judgment recognition by adopting the Uniform Enforcement of Foreign Judgments Act. The UEFJA is the uniform law that governs the recognition of sister-state judgments, not foreign country judgments. Until this year, Massachusetts was one of a very few states that still required judgment creditors……

  • Lago Agrio: Dutch Supreme Court Affirms Decision In BIT Arbitration

    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……

  • Case of the Day: Barer v. Knight Brothers

    The case of the day is Barer v. Knight Brothers LLC, 2019 SCC 13. Knight Brothers, a Utah company, sued David Barer, who resided in Quebec, and two companies, CBC and BEC, that Barer allegedly controlled. The claim was that BEC had breached a contract with Knight and that Barer was liable for fraudulent misrepresentation……

  • Case of the Day: Batbrothers LLC v. Paushok

    The case of the day is Batbrothers LLC v. Paushok (N.Y. Sup. Ct. 2018). Batbrothers had a $25 million judgment against Sergey Viktorovich Paushok from a Russian court. It sought recognition and enforcement in New York and moved for summary judgment. Paushok defended on grounds of lack of standing, a supposed lack of finality of……