Lago Agrio: Doug Cassel on the ICC Complaint

Chevron advocate Doug Cassel gives his thoughts on the Lago Agrio plaintiffs’ new complaint to the ICC prosecutor. Doug’s piece is pretty strident. In fact, he seems to take the complaint so seriously that I wonder whether a post like this really gets what the plaintiffs are trying to do. Maybe the ICC complaint should not be read as a serious effort to initiate a prosecution, but rather as a political document or as a PR document.

I invited representatives of the plaintiffs to share their views of the merits of the ICC complaint here but have not heard back yet. Readers may, however, be interested in a piece by Kevin Jon Heller, who is sympathetic to the LAPs’ overall case, at Opinio Juris.
(more…)

Continue ReadingLago Agrio: Doug Cassel on the ICC Complaint

Case of the Day: In re Application of Owl Shipping

The case of the day is In re Application of Owl Shipping, LLC (D.N.J. 2014). Owl Shipping owns the M/V Owl, and Oriole Shipping, LLC owns the M/V Oriole. Owl Shipping chartered the Owl to Dalian International. It alleges that Dalian failed to pay and Owl had to terminate the charter party. Owl claims it is owed more than $1.5 million. Oriole asserted a similar claim against Dalian with respect to a charter of the Oriole. Both agreements called for arbitration in London under English law. Both Owl and Oriole demanded arbitration with the London Maritime Arbitrators Association.
(more…)

Continue ReadingCase of the Day: In re Application of Owl Shipping

Case of the Day: DRC v. Honduras

The case of the day is DRC, Inc. v. Republic of Honduras (D.D.C. 2014). I last covered the case back in March 2011. DRC had a contract with Fondo Hondureño de Inversión Social (“FHIS”) for construction of water and wastewater projects in the aftermath of Hurricane Mitch. FHIS was a “sub-entity” of the Republic of Honduras. DRC’s claim was that FHIS had failed to pay money due under the contract. An arbitral tribunal sitting in Honduras awarded DRC more than $51 million.
(more…)

Continue ReadingCase of the Day: DRC v. Honduras

Case of the Day: Rishikof v. Mortada

The case of the day is Rishikof v. Mortada (D.D.C. 2014). Trudith N. Rishikof, a pedestrian, was struck and killed by a car driven by Kamal Mortada. Mortada was a deliveryman employed by the government of Switzerland and driving a Swiss government-owned vehicle. At the time of the accident, he was delivering a package from the Swiss embassy to the World Bank. Rishkkof’s estate sued Mortada and the Swiss state, claiming they were jointly and severally liable. Mortada moved to dismiss on grounds of immunity.
(more…)

Continue ReadingCase of the Day: Rishikof v. Mortada

New Lago Agrio Feature: Sleaziest PR Of The Week

Every now and then some piece of PR in the Lago Agrio case strikes me as particularly sleazy. I read it and I feel like taking a shower. I could point to examples from both sides of the case. But this week, the winner is a press release from Hinton Communications about the amicus brief recently filed in the Second Circuit by Legal Momentum, formerly the NOW Legal Defense and Education Fund.
(more…)

Continue ReadingNew Lago Agrio Feature: Sleaziest PR Of The Week

Come Hear The Ecstasies Above!

Readers, if you are in the Boston area on November 22, come and hear my choir, the Metropolitan Chorale, under the direction of Lisa Graham, present The Ecstasies Above, featuring music of the 20th and 21st centuries that explores the theme of music and the natural world. The two big pieces are Tarik O’Regan’s The Ecstasies Above and Jonathan Dove’s The Passing of the Year. We’ll also be singing Ralph Vaughan Williams’s Serenade to Music and John David’s You Are the New Day.
(more…)

Continue ReadingCome Hear The Ecstasies Above!

Case of the Day: Mahindra & Mahindra Ltd. v. Holloway Motor Cars of Manchester

The case of the day is Mahindra & Mahindra Ltd. v. Holloway Motor Cars of Manchester, LLC (N.H. 2014). Several automobile dealers, including Holloway, filed a protest with the New Hampshire Motor Vehicle Industry Board, alleging that Mahindra & Mahindra, a car manufacturer in Mumbai, had violated a New Hampshire statute by wrongfully terminating an exclusive distribution agreement with Global Vehicles U.S.A., Inc., a firm which, in turn, had contracted with the dealers for the right to sell Mahindra & Mahindra cars. The Board is an administrative agency of the New Hampshire government. It has adopted rules of procedure to govern adjudicative cases. The Board entered a default judgment, and Mahindra appealed to the Superior Court, claiming that it had never properly been served with process.
(more…)

Continue ReadingCase of the Day: Mahindra & Mahindra Ltd. v. Holloway Motor Cars of Manchester

The EU Comes Closer To Approving COCA

Letters Blogatory contributor Pietro Franzina has noted the recent decision of the EU justice ministers approving the Hague Convention on Choice of Court Agreements. According to the EU press release, there are a few steps left to take, but it seems that eventually the European Parliament will approve the COCA and it will then enter into force for Europe.
(more…)

Continue ReadingThe EU Comes Closer To Approving COCA

Case of the Day: In re Application of Ryanair

The case of the day is In re Request for Subpoena by Ryanair Ltd. (N.D. Cal. 2014). Ryanair had sued Joachim Kleinert in Dublin, alleging that he was liable for publishing a false report about its safety and maintenance record. Kleinert failed to appear, and the Irish court entered a default judgment. Ryanair then applied for leave under § 1782 to serve subpoenas on Google and Twitter; Kleinert apparently had a Gmail account and a Twitter account, so Ryanair believed the two companies might have information about his whereabouts for purposes of enforcing the Irish judgment.
(more…)

Continue ReadingCase of the Day: In re Application of Ryanair