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The Defendant participated, but informed the sole arbitrator that it would not attend the hearing due to financial difficulties. A restraining order was imposed to ban him from contacting a named woman for a year. The Free Library > Date > 2019 > October > 24 > Wigan Today. Germany / 12 October 2009 / Oberlandesgericht Mnchen / 34 Sch 20/08. Please contact the court office by telephone or email if necessary. An award was rendered in the Claimant's favour in 2002 and confirmed in 2003 by the Superior Court of California. Germany / 27 August 2009 / Oberlandesgericht Frankfurt / 26 SchH 03/09. The mere fact that a party takes recourse in Germany without having sought to set aside the award abroad does not amount to contradictory behavior. English. Please alert the security officer if you have a pacemaker. There are no parking facilities at this building, however two parking spaces are available for blue badge holders (by prior appointment). The Defendant asserted that the arbitral tribunal which lacked proper expert knowledge, had violated its right to be heard by following the Claimants' expert valuation without itself assessing the question by application of a proper valuation method, without appointing an expert and without adressing the Defendant's expert report. If you have a disability and need help coming to a hearing, please contact A 32-year-old Wigan man has admitted viciously attacking a woman and will learn his fate next month. A young Wigan man who had denied dangerous driving has now changed his plea. The Oberlandesgericht held that it had jurisdiction over the dispute and granted the majority of the Claimants claims. Wigan's Week In Court. A Wigan woman has denied being the passenger in a car which had been taken without the owner's permission. Following a dispute on the stallion's ability to serve as a dressage and breeding horse, the Buyer initiated ICC proceedings, aimed at annulling the contract and obtaining damages based on alleged deficiencies of the stallion. With a victim services surcharge added to the financial penalty, Jones has 384 to pay. WN1 1DW, What to expect coming to a court or tribunal. A Wigan woman accused of launching a vicious Christmas Eve attack will have to wait another 11 months to stand trial. First, with regard to Article V(2)(b) NYC, the Court started out by recalling that a party alleging the invalidity of the arbitration agreement is not required to do so during the arbitration proceedings. The Parties concluded an agreement referring disputes relating to the bill to the Arbitration Court of the Czech Chamber of Commerce, to be governed by Czech law. A 32-year-old Wigan man has admitted viciously attacking a woman and will learn his fate next month. The final installment of the story of the Hesse Heist covers the trials of Nash, Durant, and Watson. Top Image: Jewels and other items are on display during the court martial of Colonel Jack. The Oberlandesgericht further found that the arbitral tribunal had the right to proceed the way it did in the framework of the DIS Rules. He was released on unconditional bail until his sentencing hearing at the same court on November 7. The Bundesgerichtshof added that it confirmed the view previously expressed by the Oberlandesgericht that under German law, a foreign broker - together with a German broker - will be held to have deliberately inflicted intentional damage on German consumers/investors, thereby offending good morality, when the foreign broker consciously and blatantly grants the German broker full and uncontrolled access to foreign stock exchanges without previously controlling the latter's business plan. The hearing was told that the offence was compounded by the fact that he was serving a community order for harassing a woman at the time. A Czech Seller of sugar sought enforcement in Germany before the Kammergericht (Higher Regional Court Berlin) of an arbitration award rendered against a German Buyer, following an arbitration in London under the arbitration rules of the Refined Sugar Association (RSA). You can change your cookie settings at any time. The latest round-up of those who have appeared before Wigan magistrates and in the dock at crown court. The dispute went through all instances in Germany. Name address Town / City County Postcode Telephone CLSA Members; WALSALL: Magistrates' Court, Stafford Street, Walsall: Walsall: WEST MIDLANDS: WS2 8HA (01922) 638222 District court services. On the other hand, due process is not violated when a tribunal does not examine all details of the Parties' arguments in the reasons for its decision, or refuses to grant a request for an oral hearing. Wigan magistrates imposed a two-year community order with 100 hours of unpaid work, 15 days of rehabilitation activities and 33 days of participation in an accredited programme. District courts usually initiate dunning proceedings and manage the commercial register, association register and register of goodwill. The Oberlandesgericht Mnchen (Higher Regional Court Munich) refused to enforce the award, finding that the Claimant had failed to prove the existence of an arbitration agreement, and that it was not bound by the findings of the arbitral tribunal in this regard. It reasoned that the arbitration agreement, thought not in writing for the purposes of the NYC, was valid under the formal requirements of German law, which applies pursuant to the more-favorable-right provision at Article VII(1) NYC. A sales contract on a stallion provided for arbitration at the International Chamber of Commerce (ICC). Printer Friendly. The date on which the claims awarded in the arbitral award become due is not a condition for the declaration of enforceability. The Bundesgerichtshof considered that a certain number of factual assessments still needed to be carried out before a final finding was possible in this case and sent the case back to the Oberlandesgericht (Higher Regional Court) Dsseldorf for reassessment. Funeral Service on Wednesday 16th November 2022 at Wigan Parish Church at 2:00 PM prior to . The Oberlandesgericht re-examined the evidence and concluded that no agreement had been concluded, either orally or through the sending of a confirmation order (which substantially differed from the original order). A Wigan man who made hundreds of indecent images of children has been jailed. He was ordered to complete 25 days of rehabilitation activities, is the subject of a restraining order until May 4 next year which bars him from Derwent Road in Orrell and prevents any contact with Bryan or Jacqueline Fowler. Although there was no written arbitration agreement within the meaning of Article II (2) NYC, the Court found that in light of the more-favorable-right provision at Article VII(1) NYC, the requirement of an arbitration agreement signed by both parties could be dispensed with. Germany / 16 December 2010 / Germany, Bundesgerichtshof / III ZB 100/09. It held that the Defendant was certainly already barred from invoking the invalidity of the agreement as it had not done so before the arbitral tribunal. Greater Manchester court cases and proceedings are carried out across the region at Manchester Crown Court, Minshull Street Crown Court, Manchester and Salford Magistrates Court, and. Civil litigation is heard at the district court. Today at 1:30 PM Launching soon Get all your Latics news straight to your inbox . 22 1 comment Share Greater Manchester court cases and proceedings are carried out across the region at Manchester Crown Court, Minshull Street Crown Court, Manchester and Salford Magistrates Court, and magistrates courts in Stockport, Tameside, Bolton and Wigan, Sign up to our free Manchester Evening News court newsletter. A man arrested yesterday (Tuesday) is due to appear before Wigan magistrates after being charged with a number of offences. These include records for: Wigan Court of. The dearly loved husband of the late Marion, a much loved dad, a devoted grandad, a special great-grandad and a dear friend to many. The California Court adopted the factual findings and the legal considerations underlying the arbitral award, thus incorporating the award in its judgment. Periodicals Literature. Elena Di Vincenzo/Archivio Elena Di Vincenzo/Mondadori Portfolio/Getty Images. Also considering other factual elements, the arbitral tribunal held that the Defendant's expert report which came to a lower value was not convincing in this regard. The Claimant initiated arbitration at International Cotton Association (ICA) and obtained a favorable award in 2008. 11 July 2011. A trial was held by borough magistrates after it . "The panel did not therefore believe that Mr Slater should be allowed to teach again., Agreeing with the panel and imposing the life time ban on behalf of the Education Secretary, TRA decision maker, Sarah Buxcey said she considered that imposing the life-time ban was necessary to maintain public confidence and was proportionate and in the public interest.. Nor did the language of the proceedings violate due process, as the Defendant failed to show that this prevented the presentation of its case. It held that the arbitration agreement that the Claimants had signed had not become binding on one of the Claimants pursuant to Section 37(h) of the Wertpapierhandelsgesetz (German Securities Trading Act), since that party was not a merchant and hence subjectively not capable to arbitrate pursuant to that legislation. Company Z then sought enforcement in Germany. Original decision obtained from the registry of the Kammergericht. Back before justices, McMahon was ordered to complete 30 days of rehabilitation activities and undergo alcohol dependency treatment. This week's Wigan and Leigh court listings . He had been released on conditional bail until his sentence hearing at the same court but he failed to attend at the appointed hour and so justices issued a bench warrant. The Claimants subsequently terminated the brokerage agreements and raised tort claims before the Landgericht (Regional Court) Duesseldorf. Terence Rainford, 54, of Birkrigg, Skelmersdale, appeared before Wigan magistrates charged with failing to stop two bull mastiffs from attacking a named woman at Beacon Country Park, Up Holland, on April 26 which left her with injuries. He has also admitted two counts of assault occasioning actual bodily harm, following two incidents involving the same female victim in 2021. The Bundesgerichtshof (Federal Supreme Court) reversed the decision of Kammergericht , abolishing the doctrine of "double exequatur" put forth in two decisions rendered in 1984 (see links below). The Defendant did not sign the contract and informed the Claimant that it would not make further deliveries. It reasoned that a party that does not submit to the jurisdiction of the tribunal cannot be expected to commence setting aside proceedings in the country where the award was rendered. It considered that there were no grounds for denying recognition under Article V(1)(d) or Article V(1)(b) NYC. Wi-Fi is available in all areas ofthe building. Keyword Title Author Topic. The Oberlandesgericht granted the enforcement. The Oberlandesgericht Mnchen (Higher Regional Court of Munich) granted enforcement of the award. The fact that Spanish was used in the arbitration (rather than English) did not contravene the Parties' agreement, because they also agreed to the application of the MCC rules which provide for proceedings in Spanish. National World Publishing Ltd. All Rights Reserved. He was released on unconditional bail until November 17 for a pre-sentence report to be prepared. The Claimant's application for enforcement was granted by the Landgericht (Regional Court) Berlin in 2005. In 2007, the Seller commenced arbitration at the SCC seeking damages for breach of contract. The Oberlandesgericht (Higher Regional Court) Frankfurt granted enforcement. Vending machines are located on the first floor. The seller sought enforcement in Germany. In their findings they said that Slater had met the boy on an adult dating site and the boy had initially said he was 16 but had later told Slater that he was only 15. A motorist has been fined and banned from the road for six months after admitting he failed to identify who was at the wheel of his Ford Transit when it was involved in a driving offence. The Claimant then sought enforcement in Germany. In particular, the enforcement of an award of compensation for legal costs did not violate German public policy. The Claimants sought enforcement in Germany. Terms and Conditions Privacy Policy Modern Slavery Statement Privacy Policy Modern Slavery . State X did not meet its obligations and Company Z initiated arbitration, obtaining favorable award in 2007. The Defendant objected to the jurisdiction of the German court, arguing, inter alia, that the dispute should be referred to arbitration based on the existence of an arbitration agreement between the parties. Germany / 11 May 2009 / Oberlandesgericht Mnchen / 34 Sch 23/08. The Defendant argued that the damages were contractually limited to the value of a property which was lower than the amount claimed for. Colin Ackers, of Weavermill Park, Ashton, appeared before Wigan magistrates to plead guilty to testing positive to the banned class A substance when tested at the wheel of a Citroen car in Liverpool Road, Platt Bridge, on November 17 last year. Northern Technology Ltd of Beecham Court, Goose Green, appeared before borough justices to deny the single charge involving a Volkswagen Golf and that it did not furnish the authorities with requested details by the due date of February 25. A 40-year-old Wigan woman has denied stealing 370 worth of ornaments from a shop. Lucy Mullock of Palm Grove, Worsley Hall, appeared before borough justices to plead guilty to causing Natalie Walsh actual bodily harm on July 24 last year at the Springfield Hotel. This location participates in this scheme, Scammers are mimicking genuine HMCTS phone numbers and email addresses. She was remanded on bail pending her trial set for January 3, before which time she must spend each night at her home address. The English version of the Seller's GCC provided for resolution of disputes by the Stockholm Chamber of Commerce, while the Swedish version provided for the jurisdiction of a Swedish arbitral tribunal. A dispute arose and the Buyer commenced arbitration at the SCC and obtained a favorable award from a sole arbitrator in 2008. A man who damaged several items, including a hairdryer, door and a police van, has been given a community order. This is so, said the Court, because the prohibition of reviewing the substance of the case only allows a limited control of the accuracy of the award. Moreover, the Court did not find the agreement to constitute a collusion under Ukranian law applicable to that question. 2011-2023 All Rights Reserved | 1958 New York Convention Guide | Terms of use & Legal notice | Powered by, Germany / 24 March 2015 / Germany, Landgericht Essen (Regional Court of Essen) / N/A / 12 O 37/12, Germany, Landgericht Essen (Regional Court of Essen), Germany / 22 July 2014 / Germany, Oberlandesgericht Dsseldorf (Higher Regional Court of Dsseldorf) / N/A / 22/07/2014, Germany, Oberlandesgericht Dsseldorf (Higher Regional Court of Dsseldorf), Germany / 08 May 2014 / Germany, Bundesgerichtshof (Federal Court of Justice) / N/A / III ZR 371/12, Germany, Bundesgerichtshof (Federal Court of Justice), Germany / 26 February 2014 / Germany, Oberlandesgericht Kln (Higher Regional of Kln) / N/A / 26/02/2014, Germany, Oberlandesgericht Kln (Higher Regional of Kln), Germany / 16 January 2014 / Germany, Oberlandesgericht Frankfurt am Main (Higher Regional Court of Frankfurt am Main) / N/A / 16/01/2014, Germany, Oberlandesgericht Frankfurt am Main (Higher Regional Court of Frankfurt am Main), Germany / 23 July 2013 / Germany, Oberlandesgericht Karlsruhe (Higher Regional Court of Karlsruhe) / N/A / 8 Sch 2/12, Germany, Oberlandesgericht Karlsruhe (Higher Regional Court of Karlsruhe), Germany / 07 March 2013 / Germany, Oberlandesgericht Dresden (Higher Regional Court of Dresden) / N/A / 07/03/2013, Germany, Oberlandesgericht Dresden (Higher Regional Court of Dresden), Germany / 31 January 2013 / Germany, Oberlandesgericht Hamm (Higher Regional Court of Hamm) / N/A / 18 U 48/12, Germany, Oberlandesgericht Hamm (Higher Regional Court of Hamm), Germany / 06 July 2012 / Germany, Oberlandesgericht Kln (Higher Regional of Kln) / N/A / 06/07/2012, Germany / 04 January 2012 / Germany, Oberlandesgericht Karlsruhe / 9 Sch 02/ 09. She was released on bail pending her trial whose date was fixed for February 16. The Court further reasoned that even if one were to accept the objection as being in principle admissible, the result would not be any different. Julie Furlong, 53, of the same address, was given a six-month community order with a two month curfew for possessing cocaine and criminal property. Also with regard to Article V(1)(a) NYC, the Court held that the more-favorable-right provision at Article VII(1) NYC also applies to the effect that there is no need to assess the validity under the law of the country in which the award was rendered when its validity is assessed under the law of the country in which enforcement is sought. The Court found that the Defendant was not in bad faith, and considered that contradictory behavior is abusive only when the other party has special confidence in that behavior or where circumstances make the behavior appear to be contrary to good faith. Christiana James, 44, of Winstanley Road, Billinge, appeared before Wigan and Leigh justices to deny charges of having the bladed weapon in a public place and assaulting Ian Chew by beating on December 2 last year on Imperial Drive, Leigh. The findings say The panel did not consider that Mr Slater had demonstrated significant insight or remorse and it was concerned about the risk of repetition. A motorist drove his high-performance car at more than double the speed limit on a motorway, a court heard. Roger Waters performing in Milan, Italy, March 31, 2023. Germany / 11 June 2009 / Kammergericht / 20 Sch 04/07. Get an interpreter at a court or tribunal. In this complex case, the German Claimants entered into service agreements with a New Jersey broker via the latter's German agent. Image courtesy of the National Archives. The Defendant alleged that in the course of the proceedings, the Parties agreed to payment by installments. A proven violation of German domestic public order would be such a case. The Claimants initiated proceedings claiming for damages for breach of the settlement agreement. Keegan Belshaw, 19, of Montrose Avenue, Worsley Hall, stood before borough justices to plead guilty to assaulting a named male by beating on January 17 in Wigan and to being caught with cannabis on Knowsley Lane, Huyton, Merseyside, on March 3. Prolific paedophile lied about age and 'threatened to kill' young girl if she didn't send naked pictures, John Riley targeted girls as young as 10 online, 24 notorious criminals jailed in the UK in April, The killer who shot dead little Olivia Pratt-Korbel, a 'vigilante' dad and son and a 'dangerous' paedophile are among the criminals locked up over the last month, Grandad, 76, wins appeal against sex assault conviction on nurse, Short-sighted Andrew Sington had been found guilty of sexual assault by magistrates, The criminals jailed in Greater Manchester this week, A look back at those sentenced in our criminal courts this week, The spectacular downfall of former glamour model turned crime gang money mule, Jo-Emma Larvin was convicted of removing criminal property from the UK, Drug-dealer who hid cocaine in coffee tin ordered to pay back more than 50,000, Martin Bradshaw could face more time in jail if he doesn't pay back the money, Rapist attacked woman while she was unconscious and then messaged her years later to 'get closure', Nathan Thorburn raped the woman in Cardiff, Man entered woman's home at random, killed her and then decapitated her, Luke Deeley, 26, pleaded guilty to the manslaughter of June Fox-Roberts, 65, Man and woman who looked 'suspicious' driving BMW are now in jail, Tracie Branes and Anthony Griffin, from Bolton, have been jailed for drug dealing, Mum ordered to pay back 250,000 she stole for lavish holidays and designer swag, Angela Boote used the money meant for clients to fund her extravagant lifestyle, His respectable career went down the pan - now he's in jail, 'GingerSpeaker', as he was known, is now behind bars, Prolific shoplifter banned from area of city after stealing 5,000 of goods from retail park, The prolific shoplifter has been described by police as having 'no regard for the criminal justice system', Woman in court accused of murder after man found dead in Tameside, Katie Yeomans appeared at Manchester Crown Court earlier, Man pleads not guilty to murder of Longsight man as trial date set, Tarik Hussein, 27, of Plymouth Grove in Longsight, is due to stand trial in July, MDMA driver killed 'much-loved' grandad while 39 TIMES over the limit, Martin Cunliffe has been found guilty after a trial, Woman screamed 'get away' before thug hit her in the face with a hammer, Andrew Kirby launched the vicious attack as his victim's children watched on, Thug who 'revelled in violence' killed family man with one punch then sent sick texts bragging about breaking bones, James O'Hara died from complications after being punched to the ground by Matthew Hannan, Salford drugs boss caught in Amsterdam dragged back to face justice after turning fugitive, Francis McAnulty fled the country as police were about to pounce on him, College student posed as 'exam cheat for hire' to illegally sit theory tests on behalf of struggling learner drivers, Yolo was arrested when staff became suspicious of him whilst trying to take a test in Stockport last August, Delivery driver accused of attempting to kidnap schoolgirl said he was trying 'chat up' line, Sean Gillings has pleaded not guilty to attempted kidnap and is standing trial, Woman caught over drink-drive limit in BMW after 'two-and-a-half' glasses of prosecco claimed she was spiked by mystery men, Xenna Valentina failed a breathalyser test - then was seen making herself vomit while in custody. The Claimant sought enforcement of the award before the Oberlandesgericht (Higher Regional Court) Karlsruhe, which the Respondent opposed, alleging that the Claimants insolvency claims were not arbitrable and that the award violated public policy due to, inter alia, the arbitral tribunals alleged erroneous interpretation and application of the law, the conduct of oral hearings at a place different from the seat of the arbitration, the rendering of the arbitral award beyond the regular six-month time limit under Article 24(2) ICC Rules, the alleged sleeping of one of the arbitrators during the arbitration, and the allocation of the entire costs of the arbitration to the Respondent. 30,151,851 articles and books. However, an award was rendered in favor of the Vendor ordering the Buyer to pay the outstanding part of the sales price. Wigan's week in court The latest round-up of those who have appeared before Wigan magistrates and at crown court. It reasoned that the Buyer, by supplying a copy of the award certified by counsel, had complied with the less strict formal requirements of German law, which applied in virtue of the more-favorable-right rule under Article VII(1) NYC. Pursuant to the German law theory of "kaufmnnisches Besttigungsschreiben", a valid arbitration agreement can be concluded "in accordance with common usage" if a businessman remains silent after having been provided by another businessman with a 'sales confirmation' containing an arbitration clause. Modlinsky was remanded in custody until then. Wigan and Leigh Magistrates Court Contact Details (address, email, telephone, fax, DX and map of location), Court Cases (Wigan and Leigh Magistrates Court Daily hearings list & archive of case hearings) & Criminal Court Case Records If 138 BGB as such is certainly part of German domestic public order as it annuls contracts that violate public morality, this cannot mean however that the entire domestic case law on 138 BGB with all its variations is also part of the domestic public order. He also damaged a perspex screen worth 20 in a police van on September 1 and used threatening or abusive words or behaviour towards a police officer the following day. The MCC issued an award in the Claimant's favor on 1 February 2007. The Ukranian party obtained an award against the German party before that tribunal in Kiev and sought enforcement thereof before the Oberlandesgericht (Higher Regional Court) Mnchen. Germany / 11 July 2011 / Oberlandesgericht Mnchen / 34 Sch 15/10. Fresh drinking water is available on the first and second floor. 12-08-2016 14:07 via wigantoday.net. Germany / 01 September 2009 / Germany, Oberlandesgericht Mnchen / 34 Sch 14/09. Borough justices heard that David Porter, of Rose Street, Ince, was caught driving a Mercedes near his home on August 26 when he had been disqualified from the road and was found to have cocaine on him. In addition, they also signed the Defendants Option Agreement and Approval Form, which contained an arbitration clause. Wigan and Leigh Magistrates Court - News, views, gossip, pictures, video - Manchester Evening News Wigan and Leigh Magistrates Court 17:44, 14 APR 2023 Beggar wrongly arrested for fraud after. An arrest warrant has been issued for a Wigan man who hurled threats and twice vandalised a car. Therefore, the public order exception applies only to cases where fundamental and indispensable values of the German legal order needs to be protected. A trial date was set for November 22 at the same court. Shane Woods, of Balcarres Avenue in Aspull, had been charged with causing a woman grievous bodily harm on March 22. It concluded that the arbitration agreements did not meet these requirements since, inter alia, they had not been signed by both parties. While the Defendant alleged the absence of an arbitration agreement during the proceedings, it did not avail itself of the appeal process in accordance with the Parties' contract, nor did it bring an action to set aside the award in the French courts. She was due to be sentenced in October but the hearing was first adjourned to November and is now scheduled to take place on March 13 next year. 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It reasoned that the Claimant had supplied documents that complied with the less strict formal conditions of German law for the recognition of a foreign arbitral award, which applied in virtue of the more-favorable-right provision at Article VII(1) NYC. There was not sufficient proof that this subsidiary company had merely acted as an agent of its parent company. Summary. The case was adjourned until December 13 for a Newton hearing which means that the defendant admits to the charge but disputes the details which could have a bearing on the strength of sentence. Thus, the price determination by the parties is not part of the German domestic public order. He had previously denied the charges, but changed his pleas to guilty as a trial was due to start at Bolton Crown Court. He had denied using threatening or abusive behaviour on the first occasion but was found guilty after a trial. Modlinsky was supposed to receive his sentence at Bolton Crown Court last week after the hearing was adjourned from September due to the barristers strike. "There was little evidence that Mr Slater had taken steps to address his offending behaviour. Aged 96 Years. Michael Ellis Owen, 33, of Bridgewater Street, Hindley, committed the offences against a 16-year-old girl on Sunday, March 13. A Wigan man has admitted possessing both class A and class B drugs. Thus, the Buyer was barred from raising this objection. Youve rejected additional cookies. He will be sentenced at Bolton Crown Court on Tuesday, November 15. Germany / 05 June 2009 / Oberlandesgericht Karlsruhe / 14 Sch 03/09. Former soldier who. Subsequently, the Defendant sent its standard Terms and Conditions to Claimants, which contained a different arbitration clause from the one contained in the brokers standard form contract and which, moreover, foresaw the application of New York substantive law. At the end of the war, Construction Company Z decided not to resume work. "He had exploited his position of trust, engaged in grooming behaviour and committed serious offences against a child. The Buyer opposed enforcement and raised certain counterclaims in the enforcement proceedings. with our new newsletter. The Parties entered into a sales contract in October 2006. Germany / 08 June 2010 / Bundesgerichtshof / XI ZR 349/08. The Court held that with regard to Article V NYC, there were no reasons in the case at hand to refuse recognition and enforcement of the award. Wigan Today Today at 12:30 PM Fewer people identify as Christian and more people are non-religious in Wigan than a decade ago 77 25 comments Share Wigan Today Today at 12:00 PM It has been delayed until the new year 2121 33 comments 3 shares Share Wigan Today Today at 11:00 AM Look at these! The three Claimants, all German citizens living in Germany, sought damages from a brokerage house in the United States, the Defendant, for losses arising from stock option transactions on the US stock exchange.
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