Baker & McKenzie

Welcome to the May 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

Disputes under bilateral and multilateral investment treaties are often resolved in ICSID arbitrations. Our first featured article provides a general look at when ICSID arbitration might be available. The article was written by Lawrence W. Newman and David Zaslowsky of our New York office.

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The second article looks at the possibility of using "umbrella clauses" in investment treaties as a basis for turning a breach of contract lawsuit into an ICSID arbitration. This article was written by Jeremy Winter of our London office.
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Case Summaries

Antisuit Injunctions. First Circuit articulates its standard for granting antisuit injunctions and affirms antisuit injunction against further proceedings by Defendant in Belgium.

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Arbitration. Arbitrability. Consumers required to arbitrate Magnuson-Moss warranty claim.

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Arbitration. Stay of Enforcement. District court decided to wait for the results of an appeal in Dubai before deciding whether to enforce a decision from a court in Dubai overturning an arbitration award on the ground that witness oaths were not administered properly.

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Arbitration. Stay. Second Circuit affirms district court's holding that, under a California statute, an arbitration would be stayed pending completion of a related litigation.

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Arbitration. Modification of Award. Under Colorado's version of the Uniform Arbitration Act, an arbitrator's right to modify or clarify an award is no broader than that of the court.

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Arbitration. Subpoena. Third Circuit reverses district court and holds that the FAA does not permit pre-hearing subpoenas against non-parties.

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Clayton Act. There was personal jurisdiction over some, but not all, Canadian defendants accused of violating the Sherman Act with respect to the sale of cars.

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Forum Non Conveniens. Motion to dismiss on the grounds of forum non conveniens granted with respect to foreign plaintiffs and denied with respect to U.S. resident plaintiffs.

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FSIA. Amended FSIA and the Flatow Amendment only provide private right of action against officials, employees, and agents of a foreign state, not the state itself.

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Hague Convention. Court affirms district court's decision permiting service by mail upon English defendant

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Hague Service Convention. State Court action dismissed against English corporation that was not served in accordance with the provisions of the Hague Service Convention.

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Personal Jurisdiction. Representation of Virginia hockey players did not create general jurisdiction under Virginia long-arm.

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Section 1782. Seventh Circuit reverses district court and holds that § 1782 cannot be used to obtain documents from non-party subsidiaries of a U.S. corporation.
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