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Case of the Day: Abu Dhabi Commercial Bank v. Saad Trading
The case of the day is Abu Dhabi Commercial Bank PSJC v. Saad Trading, Contract and Financial Services Co. (N.Y. Sup. 2012). The bank had sued Saad, a Saudi Arabian firm, for breach of contract in the Queen’s Bench Division of the High Court and won a judgment of more than $33 million. Although Saad……
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A Follow-Up To Professor Brand
As a humble practicing lawyer in the company of some heavy hitters from the academy, I’ve really enjoyed reading and participating in this discussion! I want to offer some follow-up to the back-and-forth I had with Professor Brand yesterday. In his response to the Whytock/Robertson article, Professor Brand noted an inconsistency between the proposal, which……
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Response to Aaron Marr Page
Many thanks to Ted Folkman and the symposium contributors for a rich discussion. Here I respond to Aaron Page’s post. Later I will comment on Ted’s posts and comments addressed to me. In Page’s rhetorical view, the fraud in the Ecuadorian litigation against Chevron was a triviality in a teapot that should not deter US……
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Response to Professors Whytock and Brand
Chris does a good job of detailing the tension between the traditional approach of the Ashenden analysis and the new approach of the UFCMJRA, which I referenced in my post. In particular I think he correctly describes how the new case-specific UFCMJRA grounds essentially turn the enforcing court into an appellate court on due process……
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The Global Context for Forum Non Conveniens and for Case-Specific Exceptions to Recognition of Foreign Judgments
Professor Whytock’s comment today correctly notes in its next-to-last paragraph that “the ship of case-specific exceptions has set sail.” This statement is in response to my comments on the 2005 Uniform Foreign-Country Money Judgments Recognition Act and the 2005 ALI Proposed Federal Statute. It is important to take account not just of the national context……