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Arbitration. Collateral Attack on a Prior Arbitration Award. The Supreme Court of Delaware affirmed the Court of Chancery's jurisdiction to enjoin a collateral attack on a prior arbitration award but found that the lower court erred when it failed to enjoin all contract claims in the second arbitration because those claims also collaterally attacked the award

USA - March 26 2021 On December 8, 2007, Gulf LNG Energy, LLC ("Gulf") and Eni USA Gas Marketing LLC ("Eni") entered into a Terminal Use Agreement (the "TUA"), under…

David Zaslowsky

Foreign Sovereign Immunities Act. Supreme Court holds that the expropriation exception to sovereign immunity for property taken in violation of international law does not include a sovereign's taking of its own nationals' property.

Germany, USA - March 26 2021 Plaintiffs, heirs to a group of German Jewish art dealers, sought to recover a collection of medieval relics that they alleged that their ancestors…

David Zaslowsky

Service of Process. Hague Service Convention. District court holds that service of a complaint on foreign defendants under the Digital Millennium Copyright Act is insufficient when service did not comport with the terms of the Hague Service Convention.

USA - March 26 2021 On September 25, 2019, Plaintiff Wrinkled Surface Enterprises LLC ("Plaintiff") brought a copyright action against Ukrainian Defendants Sergei…

David Zaslowsky

Personal Jurisdiction. District court determines that it has personal jurisdiction over Shanghai-based manufacturing companies based on New York long-arm statute.

USA - March 26 2021 This case was brought by Meghan Hunter, individually and as parent and natural guardian of M.H., against Shanghai Huangzhou, a group of three…

David Zaslowsky

Arbitration. Arbitrability. Florida appellate court holds that where the arbitration clauses delegated questions of arbitrability to the arbitrators, the trial court erred in determining that the claims at issue were non-arbitrable before considering whether non-signatories were subject to the arbitration clauses.

USA - March 26 2021 Petroleos Mexicanos ("Pemex") is the Mexican state-owned petroleum company. Pemex purchased two aircraft from Matrix Aviation, Inc. ("Matrix")…

David Zaslowsky