Welcome to the July 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.

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.

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Regards,

David Zaslowsky
Co-Editor

Grant Hanessian
Co-Editor

Articles
How French Law Treats Pathological Arbitration Clause

Litigators have become all too familiar with having to try to enforce the so-called "pathological" arbitration clause. Our featured article in this issue looks at the enforcement of such clauses under French law. The article was written by Jean Pierre Harb of our Paris office.

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Singapore International Arbitration Centre Introduces New SIAC Rules and Schedule of Fees

Our second featured article in this issue looks at some of the changes in the new Singapore International Arbitration Centre ("SIAC") Rules that went into effect on July 1, 2007. The article was written by Tan Chuan Thye of our Singapore office.

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Case Summaries

Antitrust. Subject Matter Jurisdiction. Eighth Circuit applies Empagran to bar foreign plaintiffs from bringing suit in the United States.
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Arbitration. District court may decide requests for preliminary injunction notwithstanding pending international arbitration proceeding.  

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Arbitration. Forum Selection Clause. District court holds that a forum selection clause in an amendment to a contract supersedes an arbitration clause in the initial contract.
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Attachment and Garnishment. District court vacates attachment because Plaintiff failed to establish that electronic fund transfer was property of Defendant's corporate parent.
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Attachment and Garnishment. District court held that electronic fund transfers through intermediary banks in New York were subject to maritime attachments.

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Conflict of Laws. Court holds that it cannot consider the dismissal of a case for failure to state a claim without first deciding which law governs the case.

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Discovery. Judicial Authority. Eleventh Circuit holds that judicial assistance to foreign tribunals is not an attempt to enforce a foreign judgment.

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Enforcement of Foreign Judgment. First Amendment Rights.

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Foreign Sovereign Immunities Act. Alien Tort Statute. Torture Victim Protection Act. Political Question Doctrine. Court dismissed human rights claims against the former director of the Israeli General Security Service under the Foreign Sovereign Immunities Act.

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Foreign Sovereign Immunities Act. District court finds an insurance company's third-party assignee or subrogee claims for wrongful death valid under the Foreign Sovereign Immunities Act.

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Forum Non Conveniens. Defendant's conditioned its order of dismissal pursuant to the doctrine of forum non conveniens on Defendant's consent to jurisdiction in either Spain or Chile.

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Forum Non Conveniens. District court grants Japanese Defendant's motion to dismiss for forum non conveniens where public interest factors weighed in favor of German Plaintiff's home forum.

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Forum Non Conveniens. District court dismisses case relating to the recruiting of employees from the German affiliate of a U.S. company.

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International Insolvency. Sovereign Immunity. The Ex parte Young doctrine may bar a sovereign immunity defense.

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Personal Jurisdiction. Inducement to Infringe Patent. The District court of New York holds that U.S. patent law may have extra-territorial application.

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Recognition and Enforcement of Foreign Country Money Judgment. Personal Jurisdiction. Court granted Plaintiff's motion for an order recognizing and enforcing a Korean money judgment where the Korean court's exercise of jurisdiction over Defendant comported with due process.

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Sanctions. District court enters sanctions against state party following false testimony.

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Subject Matter Jurisdiction. District court dismisses foreign conduct claims against Intel for lack of subject matter jurisdiction.

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