Baker & McKenzie

International Litigation & Arbitration Newsletter|January 2008|Volume 7 Issue 2|

International Litigation & Arbitration

Newsletter

North America

January 2008
Volume 7, Issue 2

In this Issue

Article

Case Summaries

Contributors

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Related Links

North American Litigation Practice Group Web Site

Welcome to the January 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 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

Corruption in International Dispute Resolution

"Corruption" in litigation can take many different forms. Our featured article this month looks at the issue in the context of international dispute resolution. The article was written by Lawrence W. Newman and David Zaslowsky of our New York office. It is based on a Baker & McKenzie client seminar conducted in London in October 2007 by the firm's Global Disputes Practice Group.

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Case Summaries

Alien Tort Claims Act. Second Circuit reverses district court, holding that there can be "adding and abetting" liability under the ATCA.

Arbitration. Court confirms arbitral award, agreeing with the arbitral tribunal that an anti-suit injunction obtained in Ukraine against the arbitration was collusive and could be disregarded.

Arbitration. District court holds there is no subject matter jurisdiction under the New York Convention in a case seeking to enjoin arbitration.

Arbitration. Manifest disregard of the law. Failure of arbitrators to apply offensive non-mutual collateral estoppel was not manifest disregard of the law.

Arbitration Agreement. District court holds that there is no enforceable arbitration agreement created under the New York Convention when the arbitration clause is included in the back of one of the party's form invoices.

Foreign Sovereign Immunities Act. District court finds jurisdiction over City of Amsterdam under FSIA expropriation exception and holds City's purchase of artwork was no "act of state."

Foreign Sovereign Immunities Act. The Second Circuit reaffirms that the commercial activity exception to the FSIA requires a "significant nexus" between the cause of the action and the alleged commercial effects in the United States.

Foreign Sovereign Immunities Act. Choice of Law. District court applies the tort law of the state in which Plaintiffs were domiciled at the time of the tort in order to determine whether Plaintiffs possessed valid tort claims under the FSIA.

Foreign Sovereign Immunities Act. Service of Process. Personal Jurisdiction. District court holds that sovereign waived objection to service of process by not raising it for 13 months.

Forum Non Conveniens. District court dismisses U.S. plaintiff's complaint on grounds of forum non conveniens.

Forum Non Conveniens. District court dismisses on forum non conveniens grounds a U.S. plaintiffs' claims against Swiss bank alleging aiding and abetting breach of fiduciary duty.

Personal Jurisdiction. Fed. R. Civ. P. 4(k)(2). Virginia federal district court finds jurisdiction over foreign defendant under "federal long-arm statute."

Personal Jurisdiction. Forum Non Conveniens. District court dismisses case for lack of personal jurisdiction and forum non conveniens.

Recognition and Enforcement of Foreign Judgments. New York court need not recognize or enforce Belgium judgment that failed to give res judicata effect to a prior Turkish judgment.

Stay. Eleventh Circuit reverses district court's stay order because the length of the proceedings in the Italian court were too indefinite.

Stay of Proceedings. New York federal district court stays proceedings pending an appeal in a related matter before a New York state court to avoid conflicting rulings.
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