Recent Posts

No I did not retire. And I didn’t have long Covid, or any Covid. I just had stuff to do. Mostly stuff I can’t tell you about. Confidentiality, tender egos, taciturn Tribunals, all that. It’s better to be quiet. But seriously, readers, if you really like this Blog and crave regular Blog posts with your morning coffee, just stop sending me arbitral appointments, or stop making motions in my pending cases, and then I will have enough time to do what I am meant to do, which is to entertain you. To make you smile. Which we all need to…
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Some people just won’t admit that they read this Blog. The judges of the Ninth Circuit, for example. When last read by many of you, in February 2021 (sorry for the long silence; I’ve had to work), your Commentator reported on a decision in the US Ninth Circuit Court of Appeals in which the panel majority, despite a persuasive dissent, held that the law governing the arbitrability of US federal trademark claims, when contested in a US court whose jurisdiction is based on those federal claims, and contested between a non-signatory and signatory, each of Indian nationality, of an arbitration…
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This Commentary begins, innocently, with a report of a new decision in the US Ninth Circuit Court of Appeals, about choice of law in the arbitrability realm. I realize you are watching lot of daytime TV these days. The Edge of Night, etc. So I will try to make it interesting. Settle in, remove your mask, stay awhile. This story actually begins with the Outokumpu case. You remember Outokumpu, from last June. It is famous for a few reasons. One is that Justice Thomas wrote the opinion for a unanimous US Supreme Court. How often has that happened in 30…
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With the northern border closed except to Essential Workers, which You, sorry to say, are NOT, these are challenging times to know what’s really going on Up There in the Great White North. OK, you can binge-watch Bubble Hockey from Toronto and Edmonton. In a timeout You might catch a stirring glimpse of Lake Ontario at sunset, or a mild-mannered Albertan Black Bear seeking entry to the ice arena without a mask. 🐻 😷. But what you really crave is news of what’s happening with NAFTA (USMCA) arbitration. Arbitration Commentaries is here to help. The case that motivates this post…
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Some of you know that the editorial staff of Arbitration Commentaries has a soft spot in its heart for stories about changing the place of arbitration. And now, just in time for your beach reading (masked, distanced, and only if your beach is open), comes a new tale – or perhaps one should say a new installment of a melodrama that goes back two decades. It involves a certain Sovereign State in South America that, of late, struck out trying to swing a withdrawal of its own gold from the Bank of England. But the judicial activity that motivates this…
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Let’s talk today about enforcement in New York of arbitral awards annulled in Lagos, Nigeria. Big ones. USD $2 Billion, give or take. I know, you think you have heard and read enough about this topic. But really, where are you going to go today? Wash your hands and read on. The scripture for today’s sermon is a judgment of the US District Court for the Southern District of New York, now in the throes of an appeal before the US Second Circuit Court of Appeals, in Esso Exploration & Production Nigeria Ltd. v. Nigerian National Petroleum Corp., 397 F….
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