Read more about the article Case of the Day: SCL Basilisk v. Agribusiness United Savannah Logistics
The SCL Basilisk. Credit: elbwasser/MarineTraffic.com

Case of the Day: SCL Basilisk v. Agribusiness United Savannah Logistics

The case of the day is SCL Basilisk AG v. Agribusiness United Savannah Logistics LLC (11th Cir. 2017). SCL Basilisk AG chartered a ship, the SCL Basilisk, to Agribusiness United, which was to be used to carry grain from New Orleans to Portugal and Morocco. At Agribusiness’s request, Sonada Agro Limited (UK) LLC took Agribusiness’s place as charterer. Sonada issued a letter of indemnity (Agribusiness United was the guarantor) requiring Sonada to post security in case the ship was arrested or detained and to indemnify SCL Basilisk AG against damage. In fact, the ship was arrested in New Orleans for reasons that aren’t important to the case. Sonada was late in posting security, which caused SCL Basilisk AG nearly half a million dollars in damage. SCL therefore demanded arbitration in London.
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Apostille Convention: Hague Conference Considers Authentication of Intergovernmental and Supranational Organization Documents

A working group is meeting next month in the Hague to consider the authentication of documents issued by intergovernmental or supranational organizations. One of the preliminary documents published by the Hague Conference in advance of the meeting provides several methods by which such documents can be authenticated:
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Case of the Day: Midbrook Flowerbulbs Holland v. Holland America Bulb Farms

The case of the day is Midbrook Flowerbulbs Holland B.V. v. Holland America Bulb Farms, Inc. (9th Cir. 2017). Holland America, a Washington corporation, had a business relationship with Midbrook, a Dutch company, under which Holland America purchased flower bulbs from Midbrook. A dispute arose. Midbrook claimed Holland America had failed to pay an invoice; Holland America claimed it had been overcaharged. The dispute was litigated in the Alkmaar District Court and the Amsterdam Court of Appeal, resulting in a judgment in favor of Midbrook. Midbrook sought recognition of the judgment in the Western District of Washington, and Holland America opposed recognition on the grounds that the Dutch proceedings did not provide him with due process. The District Court entered a judgment in Midbrook’s favor, and Holland America appealed.
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Read more about the article Lago Agrio: Payments to Guerra and Fajardo
Credit: Julien Gomba (CC BY)

Lago Agrio: Payments to Guerra and Fajardo

Readers, for those of you who don’t follow the Lago Agrio case, I hope you’ll bear with me. I know I’ve had a lot of Chevron/Ecuador coverage the past week or two, but some new developments caught my eye, and I think they’re worthy of a post.
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Case of the Day: State Farm v. Amazon

The case of the day is State Farm Fire & Cas. Co. v. Amazon.com, Inc. (D. Ariz. 2017). It’s an example of how not to do it. State Farm filed its complaint in June 2017. A month later, the court (for reasons that are unclear) issued an order requiring service by September 21. State Farm gave the judge the following information about service on Wallygadgets, Shenzhen Bo Rui Ze Technology Co., LG Shenzhen Technology Co., and LG Chem, all of which were in China:
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Lago Agrio: The Argentine and Brazilian Developments, In English

I’ve recently noted the decision of an Argentine court to refuse to enforce the Lago Agrio judgment, and the opinion of Brazilian judge Luis Felipe Salomão also opining that the judgment should not be enforced in Brazil. I’ve gotten my hands on English translations of both.
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Read more about the article Lago Agrio: Argentine Court Refuses to Enforce Ecuadoran Judgment
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Lago Agrio: Argentine Court Refuses to Enforce Ecuadoran Judgment

A first-instance court in Argentina has decided to refuse enforcement of the Ecuadoran judgment against Chevron. The decision is not, as far as I know, yet available in English. Chevron has, though, published a translation of a key phrase: Chevron has no assets in Argentina and is not domiciled there, which “seals the fate of the present exequatur as it is inadmissible to recognize a foreign decision in this jurisdiction where the defendant has no point of connection.”
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Read more about the article Lago Agrio: Ontario Court of Appeal Vacates Order on Costs
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Lago Agrio: Ontario Court of Appeal Vacates Order on Costs

Yesterday the Ontario Court of Appeal vacated an earlier order of a single justice requiring the Lago Agrio plaintiffs to give security for the costs of the appeal. This will allow the LAPs to proceed with their appeal without paying nearly $1 million to cover their costs in case they lose—and without having to disclose whether they have any third-party litigation financing supporting their efforts.
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