Monthly Archives: October 2010

U.S. Prosecution of Same Crime Prosecuted and Punished Overseas Upheld

Our International Practice: Topics and Trends e-book discusses simultaneous or parallel proceedings in multiple sovereign jurisdictions. The recent decision in U.S. v. Gi-Hwan Jeong, 09-11127 (5th Cir. 10/22/10), demonstrates how U.S. courts deal with these types of proceedings – this … Continue reading

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Prevailing Arbitral Claimant Unable To Confirm Award Given Sovereign Immunity Defense

Aurum Asset Managers, LLC v. Banco Do Estado Do Rio Grande Do Sul (Banrisul), 08-102 (E.D. Pa. 10/13/10), involved the efforts by a party prevailing in a reinsurance arbitration (Aurum) to enforce the arbitral award that the district court stated it had … Continue reading

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International Arbitral Award Collectible Against Alter-Ego Despite Bankruptcy; Creditor Holds the Claim, Not the Trustee

 In Ahcom, Ltd v. Hendrik Smeding, et al., No. 09-16020 (9th Cir. 10/21/10), the Ninth Circuit addresses an issue that arises with some frequency in international practice (both litigation and arbitration):  the extent to which a creditor, holding an international arbitral … Continue reading

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Post-Judgment Procedures for Enforcing Judgment In U.S. In International Litigation

In the most recent episode in the litigation variously referred to and here involving specifically claims by Motorola Credit Corp. against Kemal Uzan and an entity he controls, Libananco, styled Motorola Credit Corp. v. Uzan, 02 Civ. 0666 (S.D.N.Y. 9/27/10), … Continue reading

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Choice of Law Determines Outcome in International Litigation Under the Convention on Contracts for the International Sale of Goods (CISG)

The Third Circuit, in Forestal Guarani S.A. v. Daros Int’l, Inc., No. 08-4488 (3d Cir. 7/21/10), addresses the question under the CISG as it applies to a dispute between two entities, one based in the U.S. and one based in Argentina.  The … Continue reading

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The Rare But Potent Antisuit Injunction

As our International Practice: Topics and Trends e-book discusses, rarely is a U.S. court seriously asked to enjoin proceedings in another country. Even more rarely does a U.S. court actually enter such an “antisuit” injunction, especially given the solicitude that … Continue reading

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Holocaust Survivor Claims Against French National Railroad Fail on Sovereign Immunity Grounds

We have commented in recent posts on what to us appears to be a substantive shift in the review being given by Courts of Appeals to non-U.S. sovereign’s efforts to avoid jurisdiction in the U.S. in international litigation.  Indeed, we … Continue reading

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Post-Judgment Attachment of Assets Blocked

Our International Practice:  Topics and Trends e-book treats the subject of attachment of assets.  The typical difficulty in obtaining them occurs when attempted before a judgment of liability and damages are entered.  Bennett v. Islamic Republic of Iran, et al., … Continue reading

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Ninth Circuit En Banc Dismisses Entire Case At Pleading Stage Over Concern for Disclosure of State Secrets

Mohamed, et al. v. Jeppesen Dataplan, Inc., No. 08-15693 (9th Cir. 9/8/10), exhaustively treats the case where the “fundamental principles” of “liberty, including justice, transparency, and accountability” are pitted against “national security”. The Court of Appeals “reluctantly” invokes the “rare” … Continue reading

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Two More Circuit Cases Reject Sovereign Immunity Defenses

Our International Practice: Topics and Trends e-book, in the last section of our Topic titled “The Special Case of Sovereign Entities in U.S. Litigation”, observes the recent trend – not noticed elsewhere – that over the last several months U.S. … Continue reading

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