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Case Summaries
Arbitration. Applicability of New York Convention. Second Circuit holds that, in a New York Convention case, 9 U.S.C. § 207 preempts 9 U.S.C. § 9 and there is no requirement that agreement provide for confirmation in court.
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Arbitration. Arbitrability. Explaining that it was bound by Second Circuit precedent, district court holds that a clause requiring the arbitration of "any dispute arising under" an agreement did not require arbitration of a claim for fraudulent inducement.
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Arbitration. Arbitrability. Second Circuit affirms district court's decision dismissing suit and compelling arbitration of all claims related to a sales agreement dispute, including the issue of arbitrability.
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Arbitration. FSIA. Confirmation of Award Against Foreign Sovereign. District of Columbia grants default judgment for confirmation of arbitral award against the Democratic Republic of Congo.
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Arbitration. Removal. Seaman's Contract. Louisiana statute that rendered arbitration clauses in employment agreements voidable was preempted by the New York Convention and court therefore stayed litigation and compelled arbitration of a seaman's claim brought under the Jones Act.
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Arbitration. Vacating Award. Sixth Circuit holds that, for an award rendered in the United States, "manifest disregard of the law" standard can be used to vacate the award under the New York Convention.
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Comity. Court dismisses on grounds of comity a claim relating to an alleged taking by the Egyptian government.
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Cost Bond. Video Testimony. District court denied motion requiring the posting of a $569,000 bond for costs in event Plaintiff did not prevail. Court granted motion to allow videotaped testimony in lieu of live testimony.
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Discovery. Court holds that despite foreign sovereign's failure to comply with post-judgment discovery orders, there were no meaningful sanctions that could be entered against the sovereign.
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Discovery. In litigation to which Iran was a party, district court orders that depositions of deponents who lived in Iran be held in Europe, and set limitations on the scope of a deposition.
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Discovery. Section 1782. District court orders discovery in aid of litigation in Venezuela even though the materials in question may not be discoverable under Venezuelan rules and Venezuelan proceedings have not progressed to discovery phase.
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Enforcement of Judgment. FSIA. Second Circuit affirms dismissal of effort to collect judgment against Iran by attaching the former New York residence of the Iranian consul general.
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FSIA. District court denies motion to dismiss complaint in which jurisdiction was based on the anti-terrorism exception of the FSIA.
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FSIA. District court denies motion to dismiss complaint in which jurisdiction was based on the anti-terrorism exception of the FSIA.
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FSIA. Personal Jurisdiction (New York long-arm). District court granted some, and denied some, motions to dismiss claims against persons and entities allegedly supporting al Qaeda's attack on September 11.
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FSIA. Service of Process. Default Judgment. District court enters $67 million default judgment against Cuba.
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Service of Process. District court finds that Plaintiffs failed to properly serve a foreign defendant under the Hague Service Convention where service was made on subsidiaries in the U.S.
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