Baker & McKenzie

Welcome to the September 2007 issue of the International Litigation and Arbitration Newsletter. This newsletter is an electronic bi-monthly publication distributed by Baker & McKenzie's North American Litigation Practice Group that provides summaries of recent decisions and other matters of interest in the area of international litigation and arbitration.

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Regards,

David Zaslowsky

Co-Editor

Grant Hanessian

Co-Editor

Article

Enforcing Arbitral Awards Against Sovereigns

Our featured article looks at a number of interesting issues that are raised when one seeks to enforce an arbitral award against a foreign sovereign. The article was written by Lawrence W. Newman and David Zaslowsky of our New York office.

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Case Summaries

Anti-Suit Injunction. Eighth Circuit adopts the "conservative approach" standard for issuing a foreign, antisuit injunction.

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Arbitration. Arbitral award vacated due to chairman's failure to disclose potential conflict.

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Arbitration Award. Second Circuit vacates arbitration award limiting attorney fees in an age discrimination suit.

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Alien Tort Statute. Tenth Circuit affirms district court's decision that allegations of statutory rape and sexual relations with a minor do not constitute violations of the law of nations.

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Choice of Law. Tortious Interference with Contract. Eleventh Circuit overturns district court decision to apply Mexican law to a tortious interference with contract suit.

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Depositions of Foreign Witnesses. District court denies government's motion for leave to take the depositions of four foreign witnesses.

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Discovery. Compulsion of documents located abroad. District court rules that English bank secrecy laws do not preclude discovery of documents.

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Foreign Judgments. Judgment creditor permitted to seize assets before obtaining recognition of foreign judgment.
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Foreign Sovereign Immunities Act. Real property used to house lower-level employees falls under immovable property exception to sovereign immunity.

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Forum Non Conveniens. District court dismisses claims of foreign plaintiffs arising out of Austrian ski train disaster.

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Forum Selection Clause. Court finds jurisdiction under contractual forum selection clause.

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Forum Selection Clauses. A mandatory forum selection clause selecting English courts precluded a breach of contract claim from being brought in New York, but did not preclude Plaintiff's claims for copyright infringement, unjust enrichment and unfair competition, because those claims did not "arise out of" the contract.

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Jurisdiction. Forum Selection Clause. Court of appeals affirms the dismissal of defendants for lack of personal jurisdiction.

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Personal Jurisdiction. Second Circuit certifies question of whether contacts with New York stemming from a foreign lawsuit are sufficient to create personal jurisdiction.

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Recognition and Enforcement of Foreign Arbitral Awards. Court of Appeals affirms district court's refusal to enforce Colombian arbitral award that had been nullified by Colombia's highest administrative court as contrary to Colombian law.

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