Newsletter

 North America
Baker & McKenzie

January 2005

Volume 4, Issue 2

 

In this Issue

 

Articles

Case Summaries

Contributors

 

View Entire Newsletter

 

 

Related Links

North American Litigation Practice Group Web Site

 


 


Welcome to the January 2005 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.

 

If you have any suggestions for improving the Newsletter, please forward any comments to me by clicking on my email link below.

 

If you would like to subscribe to other Baker & McKenzie newsletters, please click on the "subscribe" link to the left and select the newsletters that interest you.

 

Thanks,

 

David Zaslowsky

Editor


Articles

 

Our featured article discusses the relative ease in obtaining pre-judgment attachments in the Netherlands in connection with litigation or arbitration being conducted in places outside the Netherlands. The article is based on a presentation made by Frank Kroes of our Amsterdam office.

 


Case Summaries

 

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.

> Read More

 

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.

> Read More

 

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.

> Read More

 

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.

> Read More

 

Maritime Attachment. Bank can agree that service of an attachment order will be binding on all electronic transfers during the particular day.

> Read More

 

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.

> Read More

 

Personal Jurisdiction. Belgian venture capital fund subject to both federal and state personal jurisdiction, based in part on agency theory.

> Read More

 

Personal Jurisdiction. Court granted dismissal to foreign defendant parent company that had insufficient contacts with the forum state.

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