Baker & McKenzie

Welcome to the November 2004 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.

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Thanks,

David Zaslowsky

Editor

Articles

Our featured article takes an in-depth look at the Supreme Court's recent decision concerning The Alien Tort Statute, the first time that the court has addressed the statute. The article was written by Lawrence W. Newman and David Zaslowsky of our New York office.

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Case Summaries

Antitrust. Motion to dismiss denied under the Federal Trade Antitrust Improvements Act.

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Arbitration. Appellate Jurisdiction. Fifth Circuit dismisses, for lack of appellate jurisdiction, an appeal from an order referring all underlying claims to arbitration and temporarily staying litigation.

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Arbitration. Recognition of Award. Ninth Circuit affirms district court's confirmation of an arbitration award rendered by one of two arbitration panels entertaining similar claims from same parties.

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Arbitration. Recognition of Award. Eleventh Circuit holds that participation in an arbitration proceeding does not constitute a waiver of the party's right to challenge the award.

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Foreign Law. District court applies Shari'a to limit permissible damages in contract dispute governed by Saudi law.

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Foreign Sovereign Immunities Act. District court rejected an attempt to attach real property in the form of an embassy to satisfy a judgment.

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Forum Non Conveniens. District court abused its discretion by failing to consider and apply any presumption in favor of a U.S. plaintiff's choice of a U.S. forum.

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Forum Non Conveniens. Motion denied on grounds that Paraguay is not an adequate alternative forum because of corruption and violence in Paraguay.

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Forum Non Conveniens. Plaintiff withdraws opposition to motion to dismiss to avoid consolidation.

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Forum Selection Clause. Southern District of New York holds that forum selection clause in bill of lading is applicable to consignee and not fundamentally unfair.

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Hague Service Convention. Ninth Circuit holds that Hague Service Convention allows service of process by international mail, but that plaintiffs did not properly comply with the Federal Rules of Civil Procedure in effecting service.

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Head of State Immunity. Seventh Circuit holds that head of state cannot be served with process, as head of state or as agent for a component of that state's government.

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Personal Jurisdiction. Ninth Circuit reverses and holds that foreign parties did not subject themselves to personal jurisdiction of a U.S. court by initiating legal actionagainst Yahoo! in France.

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Personal Jurisdiction. No jurisdiction under conspiracy theory because no "purposeful availment" but jurisdictional discovery permitted.

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Section 1782. On remand from the Supreme Court, the District Court denies AMD's request for discovery under §1782.

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