International Litigation & Arbitration Newsletter|March 2004|Volume 3 Issue 3|
International Litigation & Arbitration

 Newsletter

 North America
Baker & McKenzie

March 2004

Volume 3, Issue 3

 

 

In this Issue


Article

Case Summaries

Contributors

 

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As you will soon see with this edition, we have changed our name slightly and our format significantly. We hope that you find this new format easy to navigate. Perhaps the most important benefit of the new format is the search function that allows readers to search past issues. Furthermore, in addition to this publication, Baker & McKenzie publishes many other electronic newsletters on a wide range of subjects. Under this new format, it is simple to subscribe to whichever newsletters interest you.

 

I have always found comments from readers to be the single best source for improving the Newsletter. Therefore, I encourage any and all comments about our new format.

 

Thanks,

 

David Zaslowsky

Editor, International Litigation & Arbitration Newsletter

 

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Article

 

Our first featured article this month looks at the issue of difficulties that might be encountered in trying to enforce in Europe multiple-damage judgments from U.S. courts. It was written by Lawrence W. Newman and David Zaslowsky of our New York office.

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Our second featured article discusses a recent successful challenge to an ICC arbitral award on the ground that the tribunal lacked substantive jurisdiction to award damages to non-signatories to an arbitration agreement. The decision of the English court casts significant doubt over the so-called "ICC Group of Companies" doctrine, which is said to arise from a 1982 arbitration involving Dow Chemicals. This article was written by John Leadley and Liz Williams of our London office.
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Case Summaries

 

Arbitrability. The court decides whether an issue is arbitrable unless there is a clear statement in the agreement that the issue is for the arbitrators.

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Arbitration. District court compelled arbitration in a case in which a court in Rotterdam held that the dispute was arbitrable.

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Arbitration. Inter-American Convention. Faced with conflicting decisions from an arbitrator and the Dominican courts, the court confirmed the arbitration award and refused to enforce the foreign court's decision.

> Read More

 

Clayton Act Jurisdiction. Hague Evidence Convention. The Third Circuit held that the nationwide contacts test applies to a Clayton act case. In addition, jurisdictional discovery is permitted against a foreign defendant and there is no requirement to resort first to the provisions of the Hague Evidence Convention.

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Foreign Sovereign Immunities Act. A lease falls within the commercial activity exception and, therefore, the Kuwaiti Ambassador was not entitled to immunity.

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Foreign Sovereign Immunities Act. Eleventh Circuit affirmed dismissal, holding that the commercial activity exception of the FSIA did not apply.

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Forum Non Conveniens. Court dismissed New Jersey corporation's case in favor of the U.K. because the private and public interest factors favored the U.K.

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Hague Service Convention. Under Minnesota law, service on foreign corporation was not effected until there was a transmittal abroad and, therefore, it was necessary to meet the requirements of the Hague Service Convention.

> Read More

 

International Organizations Immunity Act. Filing proof of claim in a bankruptcy proceeding is a waiver of immunity.

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Personal Jurisdiction. Advertisements insufficient to establish minimum contacts for a patent infringement claim.

> Read More

 

Personal Jurisdiction. Case dismissed for lack of personal jurisdiction under Virginia long-arm.

> Read More

 

Revenue Rule. The Patriot Act does not abrogate the revenue rule.

> Read More

 

RICO. Case dismissed for lack of subject matter jurisdiction concerning the extraterritorial application of RICO.

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Stay Motion. The court held that it was improper for a party to seek to obtain in a foreign court a stay of a district court's order.

> Read More

 

Subpoena. Second Circuit reversed district court and held that a foreign client's documents sent to U. S. counsel are susceptible to discovery from the law firm because the documents were disclosed to the SEC.

> Read More

 

Terrorism Risk Insurance Act. Plaintiffs, family members of a man killed in a Jerusalem bus bombing, cannot satisfy part of their multi-million dollar judgment against the Islamic Republic of Iran by seizing three Iranian government-owned bank accounts at the Bank of New York.

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