Monthly Archives: February 2011

You Mean There May Be a Limit to 28 U.S.C. § 1782 Discover After All? Recent Judicial Decisions Show Meets and Bounds of Assisting Non-U.S. Proceedings with U.S. Discovery

Our recent posting (here) described the Second Cirtcuit’s application of 28 U.S.C. § 1782’s broad grant of discovery in aid of non-U.S. proceedings.  That is not first case of its kind.  One might reasonably ask whether there are any real limits on the use of U.S. discovery proceedings to aid a litigant’s pursuit or defense … Continue Reading

Second Circuit Affirms Discovery Order Under Section 1782, this Time Against a U.S. Journalist

In the next installment in the ongoing international litigation involving Chevron and its environmental litigation in Ecuador (see our prior discussion here), the Second Circuit again addressed discovery in the context of a request under 28 U.S.C. sec. 1782.  Chevron Corp., et al. v. Berlinger, Crude Productions, LLC, et al., Dkt. No. 10-1918-cv(L) (2d Cir. Jan. … Continue Reading

Service of Process To Invoke the New York Convention To Achieve Jurisdiction Over Non-U.S. Entity Requires Compliance with Fed. R. Civ. P. 4, not 5

Technologists-Inc-v-MIR-Ltd, Civil Action No. 09-1449 (D.D.C. 2010), reviewed an arbitral award under the Federal Arbitration Act, 9 U.S.C. §§ 1-14.  The dispute was arbitrated before the International Chamber of Commerce (ICC).  The noteworthy holding involved the issue of effecting proper service of process for the review of and/or challenge to an arbitral award against a non-U.S. … Continue Reading

Another Court Rejects French Blocking Statute’s Applicability From Requiring Hague Convention Discovery To Displace Discovery Under the Federal Rules of Civil Procedure

MeadWestvaco Corp. v. Rexam PLC, 1:10cv511 (E.D. Va. Dec. 2010), addressed whether the existence of the French Blocking Statute should compel or persuade the District Court to require the discovering plaintiff to seek discovery in France pursuant to the Hague Convention rather than under the Federal Rules of Civil Procedure. The District Court was unpersuaded, … Continue Reading

Bankruptcy Court Application of International Practice Principles

Kaiser Group International, Inc. v. Nova Hut, Chp. 11, Case No. 00-2263, Adv. No. 01-928 (D. Del. Jan. 2011), is a decision by the Bankruptcy Court administering at least part of the bankruptcy involving the Kaiser Group. The points concerning international practice relate to the applicability of arbitration clauses in the context of an ongoing … Continue Reading

Another Alleged Nazi Looted Art Case Dismissed

Orkin v. The Swiss Confederation, et al., 09 Civ. 10013 (S.D.N.Y. 13 Jan. 2011), presented claims in New York federal court by a Canadian citizen against defendants who allegedly bought a van Gogh drawing from a Swiss art collector.  The complaint alleged that the plaintiff’s grandmother allegedly sold the drawing in 1933 under duress and at an … Continue Reading

Second Circuit Remands For Reconsideration of District Court Refusal To Abstain in Favor of State Court Proceedings

The Parmalat Securities Litigation raises many significant issues for international litigation and international practice generally. In this phase of In re Parmalat Securities Litigation, Nos. 09-4302-cv, 09-4306-cv, and 09-4373-cv (2d Cir. 18 Jan. 2011; amended opinion 4/12/11), the Second Circuit addressed a decision of the Southern District of New York in refusing to abstain from … Continue Reading

Second Circuit Denies Rehearing En Banc in Kiobel v. Royal Dutch Petroleum Co.

In our posting last September when the decision was announced (here), we discussed the Second Circuit’s decision in Kiobel, et al. v. Royal Dutch Petroleum Co., et al., 06-4800-cv, 06-4876-cv (2d Cir. 17 Sept. 2010), which held that the Alien Tort Statute, 28 U.S.C. § 1350, does not subject a corporation (as opposed to natural … Continue Reading

First Circuit Rejects Claims Under International Law for Puerto Rico Representation in U.S. Electoral Process

Igartua v. U.S., No. 09-2186 (1st Cir. 24 Nov. 2010),  represents the most recent attempt – there have been three earlier trips to the First Circuit – by Iguartua, joined in most respects by the Commonwealth of Puerto Rico, to obtain judicial orders permitting them to participate in the apportionment of Representatives in the U.S. … Continue Reading

How Another State Court Has Approached the Forum Non Conveniens Comity Issues

Our prior blog posting discussed a New York state court decision dismissing an international litigation dispute on forum non conveniens grounds.  The effort to achieve comity in that case principally took the a negative form:  New York courts, already overburdened, were not the best place to resolve an essentially non-U.S. dispute. Let’s look at how … Continue Reading

Forum Non Conveniens in International Litigation — Does State Court Application Differ from Federal Precedent?

To contrast the practice in state and federal courts, our blog earlier this week discussed a New York state appellate court decision dealing with an aspect of international dispute resolution:  which tribunal (the court of the arbitration panel) decides if a binding agreement to arbitrate was made (link here).  In another example of a New … Continue Reading

New York State Appellate Court Decision on Who Decides Whether a Party Is Bound To Arbitrate an International Dispute

As one of the world’s centers of commerce, New York continues to be an important jurisdiction in interpreting and applying rules of decision in international disputes.  Last summer we commented on a decision by the New York Court of Appeals (New York’s highest court), which affirmed the First Department’s decision to leave with arbitrators the … Continue Reading
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