International Litigation & Arbitration Newsletter|May 2005|Volume 4 Issue 4|

International Litigation & Arbitration

 

Newsletter

 North America
Baker & McKenzie

May 2005
Volume 4, 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 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 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.

 

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

 

Regards,

 

David Zaslowsky

Co-Editor

 

Grant Hanessian

Co-Editor


Articles

 

Pasquantino v. United States -
New Ammunition Against Fraud

 

Our first featured article discusses the implications of the Supreme Court's recent Pasquantino decision in which it upheld the federal criminal convictions for wire fraud in a case in which the victim was a foreign government that complained of lost tax revenue as a result of a smuggling scheme that deprived the government of tax revenue. The article was written by Mark Winston of our New York office.

> Read More   

 

Attaching Electronic Fund Transfers

 

Our second featured article discusses the situation in which an unsuspecting foreign party to a maritime dispute that has nothing to do with the US can find its dollar denominated electronic funds transfer from an entirely separate transaction attached by the courts of New York. The article was written by Lawrence W. Newman and David Zaslowsky of our New York office.

> Read More   

 

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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.

> Read More

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.

> Read More

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.

> Read More

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.  

> Read More

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. 

> Read More

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. 

> Read More

Comity. Court dismisses on grounds of comity a claim relating to an alleged taking by the Egyptian government. 

> Read More

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. 

> Read More

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. 

> Read More

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. 

> Read More

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. 

> Read More

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. 

> Read More

FSIA. District court denies motion to dismiss complaint in which jurisdiction was based on the anti-terrorism exception of the FSIA. 

> Read More

FSIA. District court denies motion to dismiss complaint in which jurisdiction was based on the anti-terrorism exception of the FSIA. 

> Read More

 

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. 

> Read More


FSIA. Service of Process. Default Judgment. District court enters $67 million default judgment against Cuba.

> Read More     

 

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.

> Read More

 

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