International Litigation & Arbitration Newsletter|November 2006|Volume 6 Issue 1|

International Litigation & Arbitration

 Newsletter

 North America
Baker & McKenzie

November 2006

Volume 6, Issue 1

In this Issue


Article

Case Summaries

Contributors

 

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Welcome to the November 2006 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

Our featured article looks at recent developments that cast some doubt on the conventional wisdom that there is unfettered freedom for lawyers to participate in international arbitration cases regardless of their situs. The article was written by Lawrence W. Newman and David Zaslowsky of our New York office.

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Case Summaries

Arbitration. Petition to Compel International Arbitration. First Circuit affirms dismissal of petition to compel arbitration because the relief sought was unavailable on the pleadings.
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Bankruptcy Code, Chapter 15. District court subjects U.S. products liability claims to Canadian bankruptcy claims resolution procedure.
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Contract Law. Forum Selection Clauses. New York action dismissed where forum selection clause in contract between defendant brewery and plaintiff wholesaler provided that claims must be arbitrated in Russia.
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Extradition. Habeas Corpus. U.S. court's review of extradition proceedings pursuant to a bilateral extradition agreement is limited in scope.
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Foreign Sovereign Immunities Act. Commercial Activity Exception. The "commercial activity" exception does not apply to foreign government's expropriation of an equity interest in a holding company because the expropriation flowed from a "state assets" declaration - an act that can be taken only by a sovereign.
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Foreign Sovereign Immunities Act. State Sponsor of Terrorism. District Court denies Libya's motion to dismiss, holding that since Libya was a state sponsor of terrorism at the time the events at issue in the lawsuit occurred, subsequent withdrawal of the designation is immaterial.
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Foreign Sovereign Immunities Act. Terrorist Exception. Plaintiffs' complaint against the Republic of Sudan was sufficient to meet the Foreign Sovereign Immunity Act's terrorist exception.

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Forum Non Conveniens. District Court dismisses case alleging federal and New York copyright and trademark law violations, unfair competition under New York law, and seeking injunctive relief.
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Forum Non Conveniens. Service of Process. Foreign Sovereign Immunities Act. Subject Matter Jurisdiction. District Court dismisses claims against German banks for alleged libelous and slanderous statements.
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Forum Selection Clause. Tenth Circuit holds that when an international commercial agreement has both choice-of-law and forum-selection provisions, the forum-selection provision should be interpreted under the law chosen by the parties.
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International Comity. Eleventh Circuit affirms decision dismissing claims arising out of the bankruptcy of parent company on grounds of international comity.
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Justiciability. Political Question Doctrine. Act of State Doctrine. International Comity. Third Circuit holds that dispute over payment of interest in World War II reparations case presented a justiciable issue.
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Personal Jurisdiction. Enforcement of Arbitral Awards. Third Circuit finds personal jurisdiction over South African company where there was an exchange of goods and the South African company sent consultants to New Jersey.
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Political Question Doctrine. International Comity. District Court denies Plaintiffs' Rule 60(b) Motion to set aside stipulation of dismissal with prejudice regarding claims for compensation for property allegedly confiscated by an agent of Nazi Germany.
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Sovereign Immunity. Federal Subject Matter Jurisdiction. Foreign Sovereign Immunities Act. Individual bringing suit against a foreign sovereign under the Foreign Sovereign Immunities Act could not show one of the exceptions under the Act.

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