United Kingdom: House of Lords Decision in Westinghouse Electric Corporation Uranium Contract Litigation (Execution of Letters Rogatory)

1978 ◽  
Vol 17 (1) ◽  
pp. 38-61

On 28th October 1976 an ex parte order was made in the High Court, Queen's Bench Division, under section 2 of the Evidence (Proceedings in Other jurisdictions) Act 1975, giving effect to letters rogatory issued out of the United States District Court for the Eastern District of Virginia, Richmond Division, at the instance of Westinghouse Electric Corporation (Westing- "house"). In the Richmond Court Westinghouse are defendants in a number of actions (civil proceedings) consolidated in that court, by utility companies producing electricity, alleging breaches of contract by Westinghouse for the supply of uranium and claiming very large sums in damages. Westinghouse put forward.(inter alia) a defence of commercial impracticability arising from an alleged uranium producers' cartel.

1978 ◽  
Vol 17 (1) ◽  
pp. 77-92

Rio Algom Corporation appeals from an order adjudging it, and its president , George R. Albino , to be in will ful and in excusable civil contempt of court for failing to comply with a discovery order of the United States District Court for the District of Utah, Central Division. Rio Algom was ordered to pay into the registry of the court the sum of $10,000, per day, until such time as Rio Algom complied with the order. It was further provided that should Rio Algom fail to pay the ordered fine, the United States Marshal was authorized and directed to enter upon the property of Rio Algom at La Sal, Utah and seize "any and all property of Rio Algom of sufficient value to satisfy the above sums." Our study of the matter leads us to conclude that the trial court erred in holding Rio Algom in contempt and in imposing the severe sanction in connection therewith. We therefore reverse.


Author(s):  
Sandra Marco Colino

This chapter presents an introduction to competition law covering the development of competition law, the experience of the United States, economics and competition law, and competition law resources. Competition law is the legislation that ensures competition is protected from unrestrained market power in free market economies. The primary purpose of competition law is to remedy some of the situations in which the free market system — in which supply and demand, and not government intervention, determine the allocation of resources — breaks down. The point was well made in the House of Lords debate during the passage of the Competition Act 1998 (CA) that ‘competition law provides the framework for competitive activity. It protects the process of competition’.


Author(s):  
A. J. Scalzo ◽  
R. L. Bannister ◽  
M. DeCorso ◽  
G. S. Howard

This paper reviews the evolution of heavy-duty power generation and industrial combustion turbines in the United States from a Westinghouse Electric Corporation perspective. Westinghouse combustion turbine genealogy began in March of 1943 when the first wholly American designed and manufactured jet engine went on test in Philadelphia, and continues today in Orlando, Florida with the 160 MW, 501F Advanced Combustion Turbine. In this paper, advances in thermodynamics, materials, cooling, and unit size will be described. Many basic design features such as two-bearing rotor, cold-end drive, can-annular internal combustors, CURVIC2 clutched turbine discs, and tangential exhaust struts have endured successfully for over 40 years. Progress in turbine technology includes the clean coal technology and advanced turbine systems initiatives of the U.S. Department of Energy.


2015 ◽  
Vol 43 (3) ◽  
pp. 455-492 ◽  
Author(s):  
Rosalind Dixon

A ‘functional’ approach to constitutional interpretation is well-accepted in many other jurisdictions, including the United States, and offers a promising middle path between the extremes of pure formalism and pragmatism. It is, however, under-developed as an approach to constitutional interpretation, rather than doctrine, in Australia. The article offers an exploration of what it would mean to adopt a more explicitly functionalist approach to the interpretation of the Constitution, drawing on constitutional cases decided by the High Court in 2014.


1925 ◽  
Vol 38 (6) ◽  
pp. 733
Author(s):  
Armistead M. Dobie

1988 ◽  
Vol 82 (4) ◽  
pp. 828-830
Author(s):  
Edward M. Leigh

Plaintiff Zedan, an American citizen, brought suit in the United States District Court for the District of Columbia against the Kingdom of Saudi Arabia for breach of a contract guaranteeing wages and profits. While performance under the contract occurred in Saudi Arabia, plaintiff alleged that the jurisdictional requirements under the Foreign Sovereign Immunities Act of 1976 (28 U.S.C. §§1330, 1602-1611 (1982)) (FSIA) were satisfied by a recruitment call in California from a representative of the royal overseer of a private Saudi company. The district court granted the Saudi motion to dismiss. On appeal, the United States Court of Appeals for the District of Columbia Circuit (per Silberman, J.) unanimously affirmed and held: (1) that the telephone call did not have the requisite substantiality of contact with the United States; (2) that it was not sufficient to form the basis of a cause of action; and (3) that the alleged breach did not have sufficient direct effect in the United States to satisfy the exceptions to immunity under the FSIA.


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