Monthly Archives: January 2011

Fourth Circuit Affirms International Arbitration Award Despite Objections Congizable Under the New York Convention

AO Techsbabexport (Tenex) v. Globe Nuclear Services and Supply GNSS, Ltd., No. 09-2064 (4th Cir. 15 Dec. 2010)(unpublished), involved an appeal from a District Court’s judgment that in turn confirmed an arbitral award in an international controversy.  Tenex, a Russian … Continue reading

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Second Circuit: First-Filed Rule Applies in Forum Battles — Except When It Doesn’t

Determination of venue or forum is one of the earliest and most frequent battlegrounds in international litigation (see our discussion of choice of forum considerations and strategies in our e-book, International Practice: Topics and Trends).  What happens when the law applied … Continue reading

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Foreign Sovereign Immunity Act Permits Default Judgment Against a Non-U.S. Sovereign Under Special Circumstances

Calderon-Cardona v. Democratic People’s Republic of [North] Korea, et al., 723 F. Supp. 2d 441, Civil No. 08-1367 (D.P.R. 2010), deserves brief mention given the importance to the development of international litigation generally of a court imposing liability and punitive … Continue reading

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In International Litigation, A Closed U.S. Court House May Just Mean U.S. Claimants Suing U.S. Entities in Non-U.S. Courts

We have written elsewhere (European Lawyer (2008) and Journal of International Banking and Financial Law (2010)),  about the promise and potential of collective action claims in non-U.S. jurisdictions, especially in the EU.  We have also questioned whether one consequence of the U.S. Supreme … Continue reading

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District Court Extends Morrison Again, Dismissing Not-So-”Foreign-Cubed” Claims — ’33 Act Claims by U.S. Plaintiffs

Twice recently (here and here) we posted summaries of decisions extending the Supreme Court’s decision in Morrison v. National Australia Bank (No. 08-1191)(24 June 2010), holding that Section 10(b) of the Securities Exchange Act of 1934 did not provide a private cause … Continue reading

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Sanctions Granted Against Non-U.S. Sovereign (Grenada) for Conduct in Post-Judgment Discovery

Export-Import Bank of the Republic of China v. Grenada, 06 Civ. 2469 (S.D.N.Y. 29 Dec. 2010), addresses the relatively rare circumstance in international litigation — a successful attempt to locate assets in the U.S. to satisfy a judgment against a … Continue reading

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Ninth Circuit Enforces U.S. Grand Jury Subpeona on Non-U.S. Documents Held by U.S. Law Firms

International litigation typically entails at least some discovery, often the production of documents.  See our discussion of the Topic 7 relating to discovery in international litigation in our e-book, International Practice: Topics and Trends.  In international antitrust litigation, civil suits consolidated in … Continue reading

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With Implications for International Litigation, Ninth Circuit’s Distinction Between U.S. and Non-U.S. Sales of Goods Left Standing by Supreme Court’s Affirmance by Equally Divided Court

The Supreme Court’s decision in Quality King Distributors, Inc. v. L’anza Research International, Inc., 523 U.S. 135 (1998), involved a “round trip” scheme of importation of goods into the U.S.:  a product with a U.S.-copyrighted label was manufactured inside the … Continue reading

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Morrison Extended Yet Further — To Dismiss U.S. PIPE Transactions Involving U.S. Corporations and Nationals

Our posting of 10 January 2011 discussed a case where a District Court in the Second Circuit relied on Morrison to dismiss a U.S.-based swap transaction keyed to a non-U.S. security.  What about Morrison’s applicability to an alleged  ”pump and dump” … Continue reading

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Supreme Court Morrison Decision Expanded To Dismiss Claims Where U.S. Swap Agreement Is Pegged to Non-U.S. Stock

In the area of international litigation, the District Court decision in Elliott Associates, et al. v. Porsche Automobil Holding SE, et al., 10 Civ. 0532 (HB) (S.D.N.Y. 30 Dec. 2010), represents a noteworthy extension of the holding of Morrison v. … Continue reading

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