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 one in the context of bribery prosecutions. The case demonstrates the keen need for counsel … Continue Reading

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 obtained against Banrisul, a state owned financial institution organized under the laws of Brazil. (Although … Continue Reading

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 award, may sue the alleged alter-ego of the debtor/defendant. Does the claim belong to all … Continue Reading

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), Judge Rakoff addressed the issue whether judgments entered against the defendants could be enforced against … Continue Reading

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 CISG gives sovereign states the right to opt out of the provision of the Convention … Continue Reading

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 U.S. courts have to principles of international comity. The seminal case in this area is … Continue Reading

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 have counted an unprecedented six decisions by Courts of Appeals in fewer than the last … Continue Reading

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., No. 09-5147 (D.C. Cir. 9/10/10), addresses a circumstance where the Court denied attachment of a non-U.S. … Continue Reading

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” doctrine of an irreconcilable conflict between these two sets of principles and concludes that the … Continue Reading

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. Courts of Appeals have taken a decidedly negative approach to attempts by non-U.S. sovereigns and … Continue Reading

Court Stays International Litigation Pending Results of WTO Proceeding

Faced with Supreme Court precedent, e.g., Colorado River Water Conservation District v. United States, 424 U.S. 800, 817 (1976), articulating the “virtually unflagging obligation of the federal courts to exercise the jurisdiction given them”, federal courts generally test dismissals or stays of actions in favor of non-U.S. proceedings under fairly demanding standards (see the discussion of stays … Continue Reading

Second Circuit, Which Created the “Conduct and Effects” Test To Detemine Extraterritoriality, Applies Morrison To Preclude Extraterritorial Application of RICO Claim in International Litigation Context

Prior posts of this blog, like others, has recorded the significant decisions applying the Supreme Court’s holding in Morrison v. National Australia Bank, No. 08-1191 (U.S. 6/24/10), that Section 10(b) of the Securities Exchange Act of 1934 did not provide a private cause of action in “foreign-cubed” cases—cases where foreign plaintiffs sue foreign defendants for … Continue Reading