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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……
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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……
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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……
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Case of the Day: In re Toft
Today’s case of the day, In re Toft (Bankr. S.D.N.Y. 2011), involves attempts by the creditors of Dr. Jürgen Toft, a celebrity knee surgeon in Munich, to obtain recognition and enforcement of a “Mail Interception Order” granted by a German insolvency court, which would, in effect, give the administrator of Toft’s bankruptcy estate in Germany……
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Case of the Day: Tettamanti v. Opcion SA
The case of the day is Tettamanti v. Opcion SA (Fla. Dist. Ct. App. 2011). Opcion SA had sued Enrique Tettamanti and Maria Cristina Calvo in Argentina on a promissory note, and it obtained a judgment for damages from the Argentine court. Opcion sued Tettamanti and Calvo in Miami-Dade County Circuit Court seeking recognition and……