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Baker McKenzie | European Union, Spain | 31 May 2023
District court dismisses petition to enforce arbitration award against Spain for lack of subject matter jurisdiction, relying on the Achmea decision
In 2007, two Dutch companies, AES Solar Energy Coöperatief U.A. And Ampere Equity Fund B.V. (collectively, the “Companies”), invested in renewable…
Baker McKenzie | Global | 25 May 2023
Arbitration. Enforcement of Award. Setoffs. Post-Judgment Interest. District court declines to entertain setoff of arbitral award and stay enforcement action in anticipation of further setoff claims and holds that post-judgment interest on awards accrues at the rate provided for in 28 U.S.C. § 1961 unless the parties' contract unequivocally and unambiguously expresses an intent to the contrary.
Perenco Ecuador Ltd. ("Perenco"), a company owned by French nationals and incorporated under the laws of the Bahamas, explores and exploits…
Baker McKenzie | USA | 25 May 2023
Forum Non Conveniens. Forum Selection Clause. District court holds that forum non conveniens requires that suit be dismissed given that there was a valid and reasonable forum selection clause and the public factors weighed in favor of dismissal.
Plaintiff Marek Mathews worked as both a seaman and as a captain for Tidewater Crewing, Ltd. and Tidewater, Inc. (collectively, "Tidewater") on…
Baker McKenzie | European Union, USA | 25 May 2023
Arbitration. Foreign Sovereign Immunities Act. Achmea. District court dismisses petition to enforce arbitration award against Spain for lack of subject matter jurisdiction, relying on the Achmea decision and contradicting a recent ruling of another judge from the same court on that same issue.
In 2007, two Dutch companies, AES Solar Energy Coöperatief U.A. And Ampere Equity Fund B.V. (collectively, the "Companies"), invested in renewable…
Baker McKenzie | Russia, USA | 25 May 2023
Foreign Sovereign Immunities Act. Expropriation Exception. Notice of Default. District court finds expropriation exceptions to foreign sovereign immunity apply and allows the court to enforce sanctions judgments against Russia for failing to return a body of religious materials, but requires formal notice of the judgments, which were entered after Russia's default.
Plaintiff Agudas Chasidei Chabad of the United States ("Chabad"), a Jewish non-profit organization, sued the Russian Federation, Russian Ministry of…
Baker McKenzie | USA | 25 May 2023
Hague Convention. Service of Process. District court holds that Hague Convention requirements of physical service of process may be pre-empted where reasonable diligence to obtain physical addresses has failed; in such cases, electronic service is permitted.
On January 24, 2023, Plaintiff, the Kyjen Company, LLC ("Kyjen"), filed an application for a temporary restraining order and preliminary injunction…
Baker McKenzie | USA | 25 May 2023
Arbitration. Enforcement of Arbitration Clause. District court finds international arbitration clause enforceable notwithstanding state anti-arbitration law and preemption under McCarran-Ferguson Act.
Plaintiff Foresight Energy, LLC ("Foresight Energy") is a coal producer that owns and operates mining complexes. Foresight Energy carried all-risk…
Baker McKenzie | USA | 25 May 2023
Forum Non Conveniens. Forum Selection Clause. District court holds that forum selection clause calling for litigation in Afghanistan was enforceable notwithstanding security risks that U.S. plaintiff would face by litigating the dispute in Taliban-controlled Afghanistan, where courts are allegedly controlled by a terrorist group.
Reed International, Inc. ("Reed"), a Virginia defense contractor that provided security, training, and logistics services for the United States…
Baker McKenzie | USA | 25 May 2023
Arbitration. Confirmation of Award. Subject Matter Jurisdiction. District court holds that challenges to arbitral award that could have been raised before arbitration panel do not serve to strip courts of subject matter jurisdiction.
Doraleh Container Terminal SA ("DCT"), a Djiboutian Joint Venture between Djibouti's port authority, Port de Djibouti SA, and DP World Djibouti ("DP…
Baker McKenzie | USA | 25 May 2023
Foreign Money Judgments. Foreign Judgment Enforcement. Post-Judgment Interest. District court grants summary judgment to insurance company enforcing a foreign litigation costs award, and applies federal, rather than state, post-judgment interest rate.
Gerard McCaughey commenced a lawsuit in Ireland against AIG Europe S.A.'s ("AIGEU") insured, Irish Bank Resolution Corporation Ltd…
