Tag: Recognition and Enforcement

  • Case of the Day: Contacare Inc. v. CIBA Vision Corp.

    Thank you to Antonin Pribetic of the Trial Warrior Blog for bringing the case of the day, Contacare Inc. v. CIBA Vision Corp. (Ont. Super. Ct. 2011), to light. I would like to give Antonin a laurel and a hardy handshake, as this is the latest in a series of Canadian cases, or US cases……

  • Case of the Day: Swezey v. Merrill Lynch

    Ferdinand Marcos, the former Philippine president, left behind a trail of human rights and financial litigation in the Philippine and United States courts. In 1972, Marcos organized Arelma, S.A., a Panamanian company, and Arelma deposited $2 million in a brokerage account with Merrill Lynch in New York. By 2000, the account had grown to $35……

  • Article of the Day: Christina Weston on “The Enforcement Loophole”

    The concern about what Professors Whytock and Robertson have called the transnational access to justice gap is front and center in a new student article in the Emory International Law Review by Christina Weston, called The Enforcement Loophole: Judgment-Recognition Defenses as a Loophole to Corporate Accountability for Conduct Abroad, 25 Emory Int’l L. Rev. 731……

  • Case of the Day: Continental Transfert Technique Ltd. v. Nigeria

    The case of the day is Continental Transfert Technique Ltd. v. Federal Gov’t of Nigeria (D.D.C. 2011). An earlier decision provides the factual background. In 1999, Continental contracted with the Nigerian government to produe computer-compatible identification cards. The contract contained an interesting arbitration clause, providing that any dispute shall be referred to arbitration in accordance……

  • The Access To Justice Gap In Transnational Litigation

    HT to Jacob Katz Cogan for a pointer to a new paper by Christopher A. Whytock and Cassandra Burke Robertson, Forum Non Conveniens & The Enforcement of Foreign Judgments, now available on SSRN. Those of you who are following the Lago Agrio litigation will know that when the Ecuadorian plaintiffs first sued Texaco, they sued……