International Litigation & Arbitration Newsletter|March 2008|Volume 7 Issue 3|

International Litigation & Arbitration

 Newsletter

 North America
Baker & McKenzie

March 2008

Volume 7, Issue 3

 

In this Issue

 

Articles

 

Case Summaries

 

Contributors

 

View Entire Newsletter

 

 

Related Links

North American Litigation Practice Group Web Site


 


Welcome to the March 2008 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 points of interest in the area of international litigation and arbitration.

 

If you have any questions about the matters discussed below, or suggestions for improving the Newsletter, please forward any comments to us by clicking on one of our email links below.

 

Please click here to subscribe to other Baker & McKenzie newsletters.

 

Regards,

 

David Zaslowsky

Co-Editor

 

Grant Hanessian

Co-Editor


Articles

 

Our featured article this month is entitled "Predictability In International Arbitration."  It looks at an ongoing project of a working group of the International Institute for Conflict Prevention and Resolution ("CPR") that has proposed a "protocol" for use by arbitrators and parties that is designed to enable them to have, in advance of going into an arbitration proceeding, a clearer understanding than they now have as to the scope of the pre-hearing discovery that will be accorded in the arbitration.  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.  Forum selection clause.  Choice-of-law clause.  Eleventh Circuit vacates anti-suit injunction issued by district court.
>Read More


Arbitration.  Fifth Circuit holds common law and statutory claims related to Swiss arbitration proceedings are impermissible collateral attacks on a foreign arbitral award and are precluded by the New York Convention. 
>Read More


Arbitration.  Jurisdiction.  Supreme Court holds that when parties have agreed to arbitrate all questions arising under a contract, the Federal Arbitration Act supersedes state law lodging primary jurisdiction in any other forum.
>Read More


Depositions.  Fourth Circuit holds that a foreign company, whose only contact with the U.S. is an application with the U.S. Patent and Trademark Office, may nonetheless be compelled to produce a foreign witness to testify at a deposition. 
>Read More


Enforcement of Arbitration Award.  Sixth Circuit refuses to vacate arbitration award based on alleged lack of independence of arbitrator who had previously served as co-counsel with the attorney representing the plaintiff.
>Read More


Enforcement of Foreign Judgments. 
New York court's enforcement of Australian judgment for costs and attorneys' fees does not violate due process or New York public policy. 
>Read More


Extraterritoriality.  Sarbanes-Oxley Act of 2002.  Whistleblower protection. 
District court holds that commission of fraud and retaliation for whistleblowing occurred in the U.S. although whisteblower had been working in France for 14 years. 
>Read More


Foreign Sovereign Immunities Act.  Commercial Activity Exception.  District court holds that foreign sovereign's activity is non-commercial by nature, thereby falling outside the scope of the court's jurisdiction. 
>Read More


Foreign Sovereign Immunities Act.  Personal Jurisdiction.  Court dismisses claims against Russian defendants surrounding expropriation of Yukos Oil Company. 
>Read More


Forum Selection Clause.  District court enforces forum selection clause mandating litigation in English courts.
>Read More


Personal Jurisdiction.  District court finds personal jurisdiction over Swiss administrator of employee benefits plan in ERISA case, despite Defendant's lack of physical presence in forum state. 
>Read More


Recognition of Foreign Marriage. 
New York appellate court reverses summary judgment and holds Plaintiff employee's same-sex marriage was entitled to recognition in New York. 
>Read More


Requests for International Judicial Assistance.  District court grants Defendants' request for letters rogatory for deposition testimony and production of documents from Canadian citizens in criminal matter. 
>Read More


Section  1782 Discovery.
 District court grants motion to quash subpoenas as improperly issued.
>Read More


Subject Matter Jurisdiction.  District court holds no subject matter jurisdiction over non-U.S. purchasers' claims in securities class action suit. 
>Read More


Subject Matter Jurisdiction.  Foreign Sovereign Immunities Act.  District court grants Defendants' motions to dismiss since Plaintiff could not show that Defendants were organs of a foreign state. 
>Read More


Subject Matter Jurisdiction.  Foreign Sovereign Immunities Act.  District court dismisses plaintiff's complaint against South Africa for lack of subject matter jurisdiction.
>Read More


Validity of Arbitration Clause.  Unconscionability.  Court finds arbitration clause in a loan contract unconscionable under state law because the clause was one-sided, prohibited joinder of claims and class actions, and exposed claimants to prohibitively high costs.

 

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