Welcome to the May 2007 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 matters 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.
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Regards,

David Zaslowsky
Co-Editor

Grant Hanessian
Co-Editor

Article
Cross-Examination In International Arbitration

Our featured article this month looks at the practice of cross-examination in international arbitration. It was written by Lawrence W. Newman and David Zaslowsky of our New York office.

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Case Summaries

Admiralty Rule B. Both the originator and the beneficiary of an electronic fund transfer hold a property interest in the transfer subject to attachment under Rule B.
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Anti-Suit Injunction. Second Circuit upholds district court's decision to grant anti-suit injunction but modifies the injunction.

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Application of Foreign Law. Fifth Circuit partially reverses district court dismissal of breach of contract claim after improper application of Japanese law.
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Arbitration. District Court applied English law in holding that there was no right to compel arbitration.

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Arbitration. Recognition and Enforcement of Foreign Awards. Court dismisses petition to enforce an award for lack of personal jurisdiction over sovereign respondent

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Confirmation of Arbitration Award. Eleventh Circuit upholds arbitration award requiring Respondent to terminate collateral proceedings in foreign jurisdictions

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Famous Marks Doctrine. Court of Appeals rejects the famous marks doctrine.

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Foreign Sovereign Immunities Act. Court has duty to consider FSIA jurisdiction sua sponte as FSIA immunity is a claim protecting foreign instrumentalities from the burdens of litigation.

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Foreign Sovereign Immunities Act. Fifth Circuit agrees that a Japanese company was not an organ of the government of Japan. 

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Forum Non Conveniens. For purposes of U.S. law, an alternative forum may not become unavailable by way of fraud.  

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Personal Jurisdiction. Appellate court in Texas affirms dismissal on grounds of lack of personal jurisdiction. 

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Subject Matter Jurisdiction. Foreign Sovereign Immunities Act. Southern District of New York dismisses bondholder's complaint against the People's Republic of China ("PRC") holding that the PRC was entitled to sovereign immunity and the statute of limitations had expired.

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Subject Matter Jurisdiction. Lanham Act. Purported violations of the Lanham Act occurring entirely outside of the United States, and not affecting U.S. commerce, were outside the subject matter jurisdiction of the court.  

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Supplemental Jurisdiction. Comity. Federal Circuit finds that there is no supplemental jurisdiction over claims based on foreign patents..

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