Monthly Archives: March 2011

Second Circuit Affirms “Direct Effect” Rule, Dismissing FSIA Claim

Gosain v. State Bank of India, 10-711-cv(L) (2d Cir. Jan. 2011)(unpublished), addressed whether the State Bank of India was entitled to Foreign Sovereign Immunities Act (FSIA) immunity.  The plaintiff relied on the exception found in the FSIA to immunity for … Continue reading

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Morrison and International Practice in Financial Services and Products: Scorecard Nine Months In

It’s time to take quick stock of Morrison v. National Australia Bank (No. 08-1191).  It will be recalled that in that case the Supreme Court held that Section 10(b) of the Securities Exchange Act of 1934 did not provide a … Continue reading

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Defendant in SEC Action Not Entitled to Ask for Order Directing the SEC To Seek Documents from non-U.S. Entity under Multilateral Securities Enforcement Understandings

SEC v. Tourre, 10 Civ. 3229 (S.D.N.Y. Feb. 2011), addressed an interesting attempt by a private party to obtain discovery help from non-U.S. governmental entities in the context of international litigation. Fabrice Tourre is a defendant in an SEC action … Continue reading

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New York’s Highest Court Keeps A Crack in the Door: Overturns Arbitration Award on Grounds Suspiciously Akin To “Manifest Disregard”

We have followed the door closing by the federal courts in essentially shutting out the means of challenging arbitral decisions on the basis of “manifest disregard” of the law (see the discussion of the questionable vitality of the “manifest disregard” … Continue reading

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D.C. Circuit Affirms District Court Authority To Sanction Non-U.S. Sovereign For Failure To Make Ordered Discovery – Enforcement Dispute Deferred

FG Hemisphere Associates, LLC v. Democratic Republic of Congo (DRC), et al., No. 10-7040 (D.C. Cir. March 2011), addresses whether a District Court has authority to sanction a non-U.S. Sovereign for willful failures to comply with discovery orders made in connection … Continue reading

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Court Determines Arbitrability; Voids Arbitration Clause Containing Choice-of-Law Clause Antithetical to Federal Claim

We have before discussed  the confluence of factors leading to a court’s acceptance of jurisdiction to resolve the question of enforceability of an arbitration provision and simultaneously finding that the arbitration clause is unenforceable (see our posts of 8/9/10 and … Continue reading

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The Risks that Technology Poses To Discovery in International Litigation

With the constant advance of technology affecting businesses worldwide, issues having particular impact to international practice deserve the attention of clients and their legal advisors.  Recent cases act as the springboard to consider two of those here: First, when businesses have … Continue reading

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Non-U.S. Arbitral Award Recognized by U.S. Court – Argentina v. BG Group PLC

Republic of Argentina v. BG Group PLC, Civil Action No. 08-485 (D.D.C. Jan. 2011), involved an application to confirm an arbitral award in the amount of $185 million plus other costs against the Republic of Argentina. The proceeding was brought … Continue reading

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U.S. District Court Preliminarily Enjoins Non-U.S. Plaintiffs From Enforcing Non-U.S. Judgment Against U.S. Company – Chevron v. Donziger, Lago Agrio

Chevron Corp. v. Donziger, et al., 11 Civ. 0691 (S.D.N.Y. Feb. 2011), is a 127-page decision on a motion for preliminary injunction.  The decision preliminarily enjoins enforcement, anywhere in the world, of an Ecuadorian judgment totaling $8.646 billion obtained by … Continue reading

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Second Circuit: It’s the Court, Not the Arbitrator, Who Determines Contract Formation Issue of Whether There Exists An Agreement To Arbitrate

In Dedon GmbH, et al. v. Janus et Cie, 10-4331-cv (2d Cir. Jan. 2011) (unpublished), the Second Circuit addressed the argument that it was the arbitral panel and not the court that was to address its own jurisdiction. The Court … Continue reading

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