International Litigation & Arbitration Newsletter|May 2008|Volume 7, Issue 4|
International Litigation & Arbitration

 Newsletter

 North America
Baker & McKenzie

May 2008

Volume 7, Issue 4

 

 

In this Issue

 

Articles

 

Case Summaries

 

Contributors

 

View Entire Newsletter

 

 

Related Links

North American Litigation Practice Group Web Site


 


Welcome to the May 2008 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 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.

 

Please click here to subscribe to other Baker & McKenzie newsletters.

 

Regards,

 

David Zaslowsky

Co-Editor

 

Grant Hanessian

Co-Editor


Articles

 

Our featured article looks at the decision in the Gulf Petro case, which was closely followed because it included allegations of bribery against well-respected arbitrators but was ultimately more important for its  lessons concerning the enforcement of international arbitration awards.  The article was written by Lawrence W. Newman and David Zaslowsky of our New York office.

 

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Case Summaries

 

Alien Tort Statute.  Second Circuit affirms dismissal of Vietnamese nationals' claims against chemical companies for alleged injuries caused by Agent Orange.

>Read More

 

Arbitration.  Arbitrability of Claim.  District court dismisses Plaintiff's action which was brought against the International Chamber of Commerce to obtain a reversal of the ICC's denial of Plaintiff's request for arbitration.

>Read More

 

Arbitration.  Enforcement of Arbitration Award.  District court confirms $134 million arbitration award since the arbitration panel was not bound by a previous arbitration panel's decision.

>Read More

 

Federal Arbitration Act.  Supreme Court holds that the parties cannot modify judicial review of an arbitration award governed exclusively by the FAA.

>Read More

 

Foreign Sovereign Immunities Act.  Subject Matter Jurisdiction.  Evidence that an entity was an "organ" of a foreign state six months prior to the date of the lawsuit's filing provides a basis for the court to order jurisdictional discovery to determine the status of the entity on the date of the lawsuit's filing.

>Read More

 

International Law.  Subject Matter Jurisdiction.  District court finds that a public international organization did not waive its immunity under the International Organizations Immunities Act by loaning money to a Mexican company to pay for previously-obtained goods.

>Read More

 

Personal Jurisdiction and Forum Non Conveniens.  District court grants one corporate affiliate's motion to dismiss for lack of personal jurisdiction, but denies a second corporate affiliate's motion to dismiss for lack of personal jurisdiction and forum non conveniens.

>Read More

 

Personal Jurisdiction.  Minimum Contacts.  District court asserts personal jurisdiction over Chinese manufacturer of minor component in residential air conditioners.

>Read More

 

Personal Jurisdiction.  Minimum Contacts.  Federal Rule of Civil Procedure 4(k)(2).  Second Circuit holds that a ship's repeated trips to the U.S. did not subject it to jurisdiction in the U.S.

>Read More

 

Personal Jurisdiction.  Minimum Contacts.  Tenth Circuit affirms the dismissal of a Swiss Corporation for lack of personal jurisdiction.

>Read More

 

Personal Jurisdiction.  Minimum Contacts.  Tenth Circuit reverses district court's dismissal for lack of personal jurisdiction over an English company under Colorado's long arm statute.

>Read More

 

Personal Jurisdiction.  New York's long-arm statute.  Second Circuit affirms dismissal for lack of personal jurisdiction over a foreign Defendant who obtained a default judgment against Plaintiff in a libel action in England.

>Read More

 

Recognition and Enforcement of Foreign Judgments.  Supreme Court of New York finds that service upon a U.S. Defendant of documents written in French to initiate a lawsuit in France satisfied the Hague Convention.

>Read More

 

Section 1782.  District court grants Section 1782 discovery notwithstanding declaration of foreign lawyers who claimed that the information being sought was not relevant.

>Read More

 

Service of Process.  Fed. R. Civ. P. 4(f)(2)(C)(i) and 4(f)(2)(A).  District court finds Defendant was properly served in Namibia.

>Read More

 

Service of Process.  Service of process by mail to defendant in Japan is permitted under the Hague Service Convention.

>Read More

 

Stay of Enforcement of Arbitration Award.  The Fifth Circuit affirms the district court's refusal to stay enforcement of a final arbitral award pending resolution of Defendant's newly-filed arbitration claims against Plaintiffs.

 

>Read More   > Back to Top

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