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Case of the Day: L’Institute National De L’Audiovisuel v. Kultur International Films, Ltd.
The Paris Commercial Court goes two for two with today’s case of the day, L’Institute National De L’Audiovisuel v. Kultur International Films, Ltd. (D.N.J. 2012). INA is the repository of all French government audio and audiovisual archives, and it owns the copyright for many of the recordings. Kultur is a distributor of audiovisual recordings of……
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Invictus: Speculation About Enforcement Of The Ecuadoran Judgment
In Latin, invictus means “unconquered.” The word is most familiar to English readers from William Ernest Henley’s poem of that name: Out of the night that covers me, Black as the pit from pole to pole, I thank whatever gods may be For my unconquerable soul. In the fell clutch of circumstance I have not……
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Case of the Day: Servaas, Inc. v. Republic of Iraq
The case of the day is Servaas, Inc. v. Republic of Iraq (S.D.N.Y. 2012). According to the underlying judgment of the Paris Commercial Court, Servaas had a contract with the Ministry of Industry of Iraq for supply of equipment and machinery for a copper scrap refinery plant in Anbar Province. The contract, which the parties……
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More Thoughts On The Second Circuit Decision In Chevron Corp. v. Naranjo
In my last post on Chevron v. Naranjo, I disagreed with the notion that some peculiarity of the Uniform Foreign Money Judgment Recognition Act implied that a party facing recognition and enforcement proceedings could not seek a declaration that the foreign judgment was not entitled to recognition. But a comment by Roger Alford at the……
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Chevron Soundly Defeated In The Second Circuit: Chevron Corp. v. Naranjo
What a film this will make someday! The Second Circuit handed Chevron a major defeat today in its efforts to avoid enforcement of the multi-billion dollar judgment against it in Ecuador and vindicated the international comity concerns that have been at the heart of the criticisms I and many others have leveled at Judge Kaplan’s……