Monthly Archives: December 2010

Should the “Exceptional Circumstances” Standard Be Employed For Granting a Temporary Stay of an Arbitral Award, When the Right To Seek Judicial Review Might Be Frustrated As a Result?

A short decision by the District Court in Chinmax Medical Systems Inc. v. Alere San Diego, Inc., 10cv2467 (S.D. Cal. 8 Dec. 2010), deserves brief mention.  Chinmax, a Chinese company, was involved in an arbitration with Alere San Diego.  Chinmax … Continue reading

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Ninth Circuit Reverses Forum Non Conveniens Dismissal of Case by Peruvian Achuar

In Carijano, et al. v. Occidental Petroleum Corp., No. 08-56187 (9th Cir. 6 Dec. 2010), the Ninth Circuit reversed as an abuse of discretion the District Court’s grant of a motion to dismiss on forum non conveniens grounds.  The plaintiffs … Continue reading

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Independent Federal Claim Exists To Compel Arbitration Against Nonsignatory; Underlying Agreement’s Choice of Law Clause, Not Federal Common Law, Governs.

 FR 8 Singapore Pte, Ltd. (FR8) v. Albacore Maritime Inc. (Albacore), et al., 10 Civ. 1862 (S.D.N.Y. 14 Dec. 2010), decided several important and recurring issues in international litigation, specifically regarding the enforcement of arbitration clauses (see the discussion of the … Continue reading

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Namibia Neither Able To Avoid Service of Process or To Invoke Sovereign Immunity in Suit Alleging Tortious Conduct

A decision by the District Court in USAA Casualty Ins. Co, as subrogee of Robert Adelman v. Permanent Mission of the Republic of Namibia, et al., 10 Civ. 4262 (S.D.N.Y. 17 Nov. 2010)(LTS), addresses several issues that arise in international … Continue reading

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Second Circuit Affirms (in Summary Order) District Court Enforcement of Section 1782 Discovery– This Time Against Lawyer for Plaintiffs in the Non-U.S. Proceedings

In another example on the subject of our posting of 20 December 2010 – the effective use of 28 U.S.C. § 1782 to obtain discovery in the U.S. for use in non-U.S. proceedings – let’s briefly examine another of the … Continue reading

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Section 1782 Relief Permitted For Discovery in International Arbitration and Litigation: Intel Factors Applied to Chevron’s U.S. Discovery Efforts

A decision by the federal District Court in Maryland, In re Chevron Corp., To Issue Subpeonas for the Taking of Depositions and the Production of Documents, 10 CV-2989, 2990–AW (D. Md. 24 Nov. 2010), serves as a reminder of the … Continue reading

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Ninth Circuit Interprets Forum Clause To Compel Reversal of Enforcement of Arbitral Award: A Lesson in Drafting Arbitration Clauses

Polimaster Ltd., et al. v. RAE Systems, Inc., No. 08-15708 (9th Cir.  28 Sept. 2010), invoked the Convention on the Recognition and Enforcement of Foreign Arbitral Awards , June 10, 1958, 21 U.S.T. 2517 (the New York Convention), to reverse … Continue reading

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Forum Non Conveniens Dismissal in Favor of Guatemala Raises Issues To Be Reviewed by the Second Circuit

A recent decision granting a motion to dismiss on forum non conveniens grounds serves to highlight issues that may arise in the application of forum non conveniens jurisprudence to an international dispute. Palacios, et al. v. The Coca-Cola Company, et … Continue reading

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Seventh Circuit Rejects Argument that Breach of Forum-Selection Clause Entitles Party To Recover Attorney’s Fees, Citing “American Rule” Against Recovery of Fees Absent An Exception

In Fednav Int’l Ltd. v. Continental Ins. Co., No. 08-2650 (7th Cir. 1 Nov. 2010), the Seventh Circuit addressed the question whether a party could turn a forum battle into a breach of the governing contract’s forum selection clause so … Continue reading

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Ninth Circuit Rules Warsaw Convention Immunity Available; Tokyo Convention Immunity Not

Eid, et al. v. Alaska Airlines Inc., No. 06-16457 (9th Cir. 30 July 2010), presents a recent Court of Appeals analysis of two international conventions that are being invoked with greater frequency in international litigation.  The treaties/conventions are the Warsaw … Continue reading

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