Alien Tort Claims Act. Southern District of New York holds that provisions of the International Covenant on Civil and Political Rights and Protocol I to the Geneva Convention do not give rise to a rule of customary international law regarding respect for gravesites.
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Arbitration. Subject Matter Jurisdiction. Third-party claim for indemnity based on contract with arbitration clause removable to federal court pursuant to 28 U.S.C. § 1441(c), FAA and New York Convention, and parties compelled to arbitrate.
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Bankruptcy Code Section 304. Circumstances for mandatory withdrawal met under 28 U.S.C. § 157(D) where bankruptcy court would be required to substantially consider non-bankruptcy code federal statutes.
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Bankruptcy. Comity. The district court granted comity to a Korean court's bankruptcy proceedings and orders, and found no violation of a U.S. bankruptcy stay.
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Foreign Sovereign Immunities Act. International agreement in express conflict with FSIA controls and precludes suit against foreign state and its servicemen based on tortious acts allegedly committed within the United States.
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Foreign Sovereign Immunities Act. Ninth Circuit allowance of FSIA claim indicates that exhaustion of a foreign country's domestic remedies prior to suit in the U.S. is either not required, or may be excused where the foreign country's domestic remedies are inadequate.
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Foreign Sovereign Immunities Act. There is a "direct effect" for purposes of the FSIA only if the "immediate consequence of the defendant's activity" is in the United States. District court used a multi-factor analysis for determining whether an entity is "an organ of a foreign state or a political subdivision thereof."
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Forum Non Conveniens. U.S. citizen's lawsuit alleging wrongful termination from job in Argentina dismissed on grounds of forum non conveniens.
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Maritime Attachment. Bank can agree that service of an attachment order will be binding on all electronic transfers during the particular day.
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Maritime Attachment. Funds in an "offshore" account serviced, administered and held exclusively by a New York branch office considered property in New York subject to attachment.
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Personal Jurisdiction. Belgian venture capital fund subject to both federal and state personal jurisdiction, based in part on agency theory.
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Personal Jurisdiction. Court granted dismissal to foreign defendant parent company that had insufficient contacts with the forum state.
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