Act of State Doctrine. Alien Tort Claims Act. Foreign Sovereign Immunity Act. Service of Process. Torture Victims Prevention Act. Falun Gong practitioners granted default judgment against Chinese officials on claims for declaratory relief for human rights violations under the ATCA and TVPA.
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Arbitration. Anti-Suit Injunctions. Second Circuit refuses to enjoin Mexican company from pursuing litigation in Mexico, notwithstanding contractual agreement to arbitrate in New York.
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Arbitration. Recognition and Enforcement of Foreign Awards. By appearing and filing counterclaims in a foreign arbitration, respondent waived its objection to the arbitral tribunal's jurisdiction and its rights to have a court determine the validity of the agreement to arbitrate.
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Arbitration. Subject Matter Jurisdiction under Federal Arbitration Act. Federal court dismissed, for lack of subject matter jurisdiction, action seeking a declaration of the preclusive effect of a prior judicial decision confirming an arbitral award since the action concerned the effect of the prior judicial decision and not the underlying arbitral award.
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Discovery. District court compels a California company to produce documents in the possession of its German parent in a breach of contract and trade secret misappropriation case.
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Foreign Judgments. Date of filing controls exchange rate to determine amount in controversy for subject matter jurisdiction purposes.
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Foreign Sovereign Immunities Act. Fifth Circuit determines that amount payable to foreign state is immune from attachment under FSIA absent proof that funds will be used for commercial activity.
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Foreign Sovereign Immunities Act. Ninth Circuit affirms foreign sovereign immunity as to an agency of the Canadian government, but not as to its wholly-owned subsidiary.
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Foreign Sovereign Immunities Act. Act of State Doctrine. Forum Non Conveniens. Personal Jurisdiction. District Court partially dismisses claims against the Republic of Azerbaijan and Swiss bank arising out of purported program to privatize state oil company.
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Foreign Sovereign Immunities Act. Retroactive Application. Second Circuit holds that the FSIA applies where defendant is a foreign state or agency or instrumentality at the time of suit, even though the alleged tort was committed when defendant was a private company and before the FSIA was enacted.
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Joinder of Foreign Parties. Actions for copyright infringement and trade secret misappropriation can be brought against any tortfeasor; Hong Kong manufacturer was not an indispensable party in such action.
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Personal Jurisdiction. District Court declined to exercise jurisdiction over Austrian manufacturer that lacked direct contacts with Colorado; presence of subsidiary in forum was insufficient to confer jurisdiction.
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Personal Jurisdiction. District Court for District of Columbia declined to exercise personal jurisdiction over US and foreign companies (including a US company with an office in the forum) in an action concerning the operation of a gold mine in Peru.
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Temporary Restraining Order. Removal and Change of Venue. District Court vacates TRO issued by state court, denies motion to remand and grants motion to transfer case to the Southern District of New York.
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