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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.
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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.
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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.
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Personal Jurisdiction. Case dismissed for lack of personal jurisdiction under Virginia long-arm.
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Revenue Rule. The Patriot Act does not abrogate the revenue rule.
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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.
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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.
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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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