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Case of the Day: South32 Chile v. Sumtomo
The case of the day is South32 Chile Copper Holdings Pty Ltd v. Sumitomo Metal Mining Co. (N.Y. Sup. Ct. 2024). The case was for breach of contract; it had to do with “profits realized from operations at a Chilean gold mine.” South32 sought issuance of letters of request to three tax and financial advisory……
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Case of the Day: Cargill Financial v. Barshchovskiy
The case of the day is Cargill Financial Services International, Inc. v. Barshchovskiy (S.D.N.Y. 2024). Taras Barschchovskiy, described in a Minnesota Star Tribune headline as the “Ukrainian fruit juice kingpin,” was the losing party in an LCIA arbitration brought by Cargill on account of financing Cargill had provided to T.B. Fruit Group, Barshchovskiy’s company. Cargill……
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Case of the Day: Clear Spring v. Arch Nemesis
The case of the day is Clear Spring Property & Casualty Insurance Co. v. Arch Nemesis LLC (D. Kan. 2023). Arch Nemesis owned a yacht that sank off Mexico. It made a claim on Clear Spring, the insurer, which denied the claim and brought an action seeking a declaratory judgment that the policy was void.……
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Case of the Day: Payward v. Chechetkin
The case of the day is Payward, Inc. v. Chechetkin, [2023] EWHC 1780 (Comm). Friend of Letters Blogatory Alexander Shirtcliff of Blake Morgan instructed counsel for Chechetkin, a British national living in England. Chechetkin signed up for an account with the Kraken online cryptocurrency exchange. His contract—a clickwrap contract— was with Payward Ltd. The contract……
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Post of the Day: Lawrence Collins on Section 1782 in the UK
Lawrence Collins (Lord Collins of Mapesbury, former justice of the UK Supreme Court) has a new post at the Transnational Litigation Blog on the use and misuse of Section 1782 in aid of UK litigation. The post has a useful review of cases where the UK courts have enjoined Section 1782 applications, and cases where……