International Litigation & Arbitration Newsletter|March 2006|Volume 5 Issue 3|

International Litigation & Arbitration

 Newsletter

 North America
Baker & McKenzie

March 2006
Volume 5, Issue 3


In this Issue

 

Articles

Case Summaries

Contributors

 

View Entire Newsletter

 

 

Related Links

North American Litigation Practice Group Web Site


Welcome to the March 2006 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.

 

If you would like to subscribe to other Baker & McKenzie newsletters, please click on the "subscribe" link to the left and select the newsletters that interest you.

 

Regards,

 

David Zaslowsky

Co-Editor

 

Grant Hanessian

Co-Editor


Articles

International Arbitration: Looking Back, Looking Ahead


In the featured article this month, two of our practitioners with substantial experience in international arbitration share with our readers some observations concerning changes they perceive have taken place in the field and hazard guesses as to future trends in international arbitration. The article was written by Lawrence W. Newman and David Zaslowsky of our New York office.

 

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Case Summaries

 

Admiralty and Maritime Law. U.S. District Court vacated order of maritime attachment because Plaintiff failed to meet burden of showing that the need for security was real and not designed to harass.

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Alien Tort Claims Act. Torture Victim Protection Act. Eleventh Circuit tolled ten-year statute of limitations on claims brought under the Alien Tort Claims Act and Torture Victim Protection Act in order to ensure that abuses occurring abroad do not thwart the fair administration of justice in U.S. courts.

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Alien Tort Claims Act. Torture Victim Protection Act. Eleventh Circuit tolled ten-year statute of limitations on claims brought under the Alien Tort Claims Act and Torture Victim Protection Act.

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Antidumping. Federal Circuit held that "critical circumstances" determinations are to be made on a case by case basis using all the available information and drawing upon market conditions of the industry subject to the investigation.

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Arbitration. Arbitrability. Only a specific challenge to the validity of the agreement to arbitrate may be decided by a court.

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Arbitration. Arbitrators' Partiality. Arbitrator should have disclosed his earlier work with a law firm.

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Arbitration - Discovery. Arbitration panel's refusal to compel discovery does not support vacatur of panel's award.

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Arbitration - Recognition and Enforcement of Foreign Arbitral Awards. Arbitral award was enforceable despite absence from the proceedings of the party opposing enforcement. 

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Arbitration. Third-Party Discovery. Section 7 of the FAA permits arbitrators to compel third-party discovery at preliminary hearing where arbitrators are present. 

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Discovery in Aid of Foreign Action. Privilege. U.S. District Court issued and enforced subpoenas duces tecum and ad testficandum in connection with fraud action pending in Carribean court. 

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Foreign Judgments. Hague Services Convention. Service of process by mail did not satisfy requirements of Hague Convention; Belgian judgment was not conclusive and would not be recognized by New York court. 

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Forum Non Conveniens. U.S. District Court dismisses claims of European plaintiffs arising from fatal airplane collision in Italy. 

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Personal Jurisdiction. U.S. District Court lacked jurisdiction over Russian Defendant because Defendant did not have a business presence in New York and Plaintiffs failed to articulate an economic injury occurring in New York stemming from Defendants' purported tortious conduct committed outside of New York. 

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Personal Jurisdiction. New York State Court declined to exercise jurisdiction over Luxembourg bank that maintained correspondent bank account in New York, which was not used for collection of payments relating to the subject matter of the action. 

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Subject Matter Jurisdiction. Foreign Sovereign Immunities Act. U.S. District Court declined to exercise jurisdiction over Republic of Ethiopia under expropriation exception to the Foreign Sovereign Immunities Act because: (1) the property at issue was not "tangible property;" and (2) there was no nexus between the property and the United States. 

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Subject Matter Jurisdiction. Foreign Sovereign Immunities Act. D.C. Circuit exercised jurisdiction over Air France under the commercial activity exception to the Foreign Sovereign Immunities Act based on the sale by Air France of an airline ticket in the U.S. 

 

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