Baker & McKenzie

Welcome to the September 2004 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 points of interest in the area of international litigation and arbitration.

If you have any suggestions for improving the Newsletter, please forward any comments to me by clicking on my email link below.

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Thanks,

David Zaslowsky

Editor

Articles

Our first featured article has an in-depth look at the Supreme Court's recent decision concerning international discovery under Section 1782. It was written by

Lawrence W. Newman and David Zaslowsky of our New York office.

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Our second featured article concerns a recent decision from England that gave the most comprehensive judgment to date on the relationship between alternative dispute resolution procedures (ADR) and litigation. It was written by Chris Newmark and Andrea Dahlberg of our London office.

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Case Summaries

Anti-suit Injunction. Court refuses to issue anti-suit injunction.

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Arbitration. Arbitrary Award. Fifth Circuit reverses district court's vacatur of award on the ground that, as the FAA is interpreted in the Fifth Circuit, arbitrariness and capriciousness are not proper grounds for vacatur.

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Arbitration. Motion to Stay. D.C. Circuit affirms lower court's decision to dismiss motion to compel arbitration against a party who brought suit in another country.

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Canadian Law. Foreign Judgment. Canadian appellate court affirms trial judgment that recognized and enforced a judgment of a court in Illinois, even though an agreement between the parties contained an arbitration provision that provided that the parties were to refer all disputes to arbitration.

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CISG. Buyer required to pay when there was no timely inspection of allegedly non-conforming goods.

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Foreign Money Judgments Recognition Act. North Carolina court refuses to recognize a Honduran judgment entered in violation of a severance agreement.

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Foreign Sovereign Immunities Act. D.C. Circuit reverses district court and holds that sovereign immunity is waived against original party to contract and against companies that became parties to the contract through amendments thereto.

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Foreign Sovereign Immunities Act. Terrorism Claim. Fifth Circuit holds that Iranian assets could not be used to satisfy judgment.

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Foreign Sovereign Immunities Act. Fourth Circuit reverses dismissal under the FSIA.

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Forum Non Conveniens. Second Circuit affirms order dismissing on grounds of forum non conveniens a complaint against a German Bank brought by a U.S. citizen residing in Texas.

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Jurisdiction. Court holds it is not "insubstantial and frivolous" to assert that federal common law should provide a private cause of action for violations of customary international law to support federal question jurisdiction.

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Section 1782. Second Circuit affirms denial of 1782 application.

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Stay of Litigation. Fifth Circuit reverses the district court and remands for entry of an order staying litigation pending the outcome of an arbitration.

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