|
Case Summaries
Alter Ego Doctrine/ Piercing the Corporate Veil. The Government of Turkmenistan is the alter ego of its corporate entity and thus liable for a breach of the entity's contract.
> Read More
Anti-suit Injunctions. Comity. Ninth Circuit finds that interests of comity do not preclude court from issuing a permanent injunction when foreign proceeding was merely an attempt to relitigate a dispute that had already been decided by a competent court in the US.
> Read More
Anti-suit Injunction. Southern District of New York rejects comity arguments and grants injunction where the relationship between different parties is at issue in the foreign court.
> Read More
Arbitration. Consolidation of Proceedings. Whether or not to permit consolidation of arbitration is a procedural matter for the determination of the arbitrators, not the courts.
> Read More
Attachment. Second Circuit holds that district courts have no discretion to depart from statutory criteria in determining whether to grant motions for attachment.
> Read More
Conflicts of Laws. Foreign Sovereign Immunities Act. Parens patriae. No conflict found between New York and Ecuadorian law regarding parens patriae doctrine.
> Read More
Diversity Jurisdiction. District Court denies Defendants' motion to dismiss where Plaintiff satisfies principal place of business test to qualify as Cayman Island corporation in diversity with New York Defendants.
> Read More
Enforcement of Arbitral Awards. Foreign Sovereign Immunities Act. District Court refuses to enforce an arbitral award that had been vacated by a foreign court where the foreign judgment did not violate U.S. public policy. U.S. courts do not have subject matter jurisdiction over breach of contract claims against a foreign sovereign where there is no commercial nexus to U.S.
> Read More
Enforcement of Foreign-Country Judgments. "Last-in-time" rule regarding enforcement of conflicting foreign judgments inapplicable where foreign court does not provide full opportunity to argue res judicata effect of first country's judgment.
> Read More
Federal Arbitration Act. Personal Jurisdiction. Appellate Jurisdiction. Second Circuit holds that denial of a motion to compel a subpoena in aid of arbitration is immediately appealable. The Federal Arbitration Act does not permit the nationwide service of process of subpoenas.
> Read More
Forum Selection Clauses. Forum selection clause is mandatory and encompasses Plaintiff's tort claims in addition to its contractual claims.
> Read More
Foreign Sovereign Immunities Act. Fifth Circuit holds that a foreign state's agent must possess the actual authority, rather than merely apparent authority, of the foreign state in order to trigger the commercial activity exception to the Foreign Sovereign Immunities Act.
> Read More
Foreign Sovereign Immunities Act. Korean agency is an organ of the state and thus immune from suit in the United States.
> Read More
Foreign Sovereign Immunities Act. Prejudgment Attachment. Adoption of New York Convention and submission to UNCITRAL Rules not a waiver of immunity from prejudgment attachment.
> Read More
Foreign Sovereign Immunities Act. Second Circuit holds that immovable property exception to the FSIA provides jurisdiction to hear the City of New York's action against a foreign government stemming from unpaid real property taxes.
> Read More
International Comity and Forum Non Conveniens. International comity or forum non conveniens cannot be used to justify dismissal of Canadian family's claims arising in Egypt against a U.S. company where the Egyptian Government has never objected to the adjudication of the controversy by U.S. courts, and where Plaintiffs have legitimate and substantial reasons to seek relief in U.S. courts.
> Read More
Personal Jurisdiction. Agency activities of subsidiary in New York sufficient to confer jurisdiction over parent under agency theory.
> Read More
Removal Jurisdiction. Federal Arbitration Act. Federal Arbitration Act grants removal jurisdiction to federal courts where party raises a defense under the New York Convention.
> Read More
Service of Process. Federal Rule of Civil Procedure 4 requires service of process on a foreign defendant pursuant to the Hague Service Convention.
> Read More
Venue. Forum Selection Clause. District Court dismisses breach of contract under action due to forum selection clause and prior pending action under the first-to-file rule.
> Read More > Back to Top
|