Monthly Archives: August 2011

Personal Jurisdiction Exists Only Where Venue Proper; Claim Against Bank of China Severed and Transfered To S.D.N.Y.

Wultz v. Islamic Republic of Iran, 08-cv-1460 (RCL) (D.D.C. Jan. 2011), is the opinion on reconsideration of an earlier decision, which we posted on because of its rulings on the pleading of causation in a claim to overcome a sovereign … Continue reading

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Reliance on Forum Selection Clause Waived Despite The Absence of Any Specific Federal Rule For Asserting a Forum Clause Pre-Answer

American International Group Europe S.A. (Italy) (AIGE) v. Franco Vago International, Inc., 09 Civ. 6525 (S.D.N.Y. Nov. 2010),  succinctly addresses several issues of international litigation practice, specifically the enforceability of jurisdictional provisions in bills of lading and waiver.  AIGE is … Continue reading

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Court Adheres To Earlier Ruling that Arbitration Clause Is Unenforceable Because It Interfered With Federal Right, Despite Supreme Court Ruling in Conception

H. Cristina Chen-Oster, et al. v. Goldman, Sachs & Co., et al., 10 Civ. 6950 (S.D.N.Y. July 2011) (Francis, M.J.), denies reconsideration of an earlier decision by that Court denying a motion to compel arbitration.  The earlier decision followed the … Continue reading

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U.K. Arbitral Award Recognized, and Resulting U.K. Money Judgment Enforced, By U.S. Court Against Nigeria; FSIA Issues Ignored

Continental Transfert Technique Limited v. Federal Government of Nigeria, Civil Action No. 08-2026 (D.D.C. Aug. 2011), grants summary judgment in favor of a plaintiff to enforce both an arbitral award and a money judgment. As to both grounds there are … Continue reading

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District Court Finds Chabad Compliant with Post-Judgment Enforcement Procedures; Rules that Cultural Exchange Property Is Not Subject to Seizure Under FSIA; and Denies Sanctions Without Prejudice

Agudas Chasidei Chabad of United States v. Russian Federation, et al., 05-cv-1548 (RCL) (D.D.C. July 2011), is a decision by Chief Judge Lambert addressing several noteworthy issues of international practice that we have posted on previously. The decision also shows … Continue reading

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D.C. Circuit Majority Holds That, There Being No New Cause of Action Created by Alient Tort Statue, No Claim Exists Against U.S. Officials Individually, Whereas, Says the Dissent, a Cause of Action in the U.S. Would Exist Against Non-U.S. Officials for the Same Conduct

Akran Mohammed Ali, et al. v. Rumsfeld, et al., No. 07-5178 (D.C.Cir. June 2011) (consol), is the appeal of an action by non-U.S. residents or citizens captured, held, and allegedly tortured by U.S. milatary personnel.  This decision affirms the District Court’s … Continue reading

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District Court Avoids Testing Common Law Sovereign Immunity Defense Remanded by the Second Circuit But Dismisses the Claims on Personal Jurisdiction Grounds Instead

Carpenter v. Republic of Chile, et al., 07-CV-5290 (JS)(ETB) (E.D.N.Y. June 2011), is the remand from a Second Circuit decision of last year (601 F.3d 776 (2d Cir. 2010)) requiring the District Court to reconsider the dismissal on sovereign immunity … Continue reading

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Having Granted Section 1782 Discovery Request Ex Parte, Court Now Concludes that Intervenors Asserting Objections Must, But Do Not, Satisfy the Heightened Rule 60(b) Standards for Vacating the Discovery Order

In re Application of Dr. Alfonso Henrique Alves Braga, in his capacity as Judicial Administrator of Petroforte Brasilerio de Petroleo Ltda, et al. pursuant to 28 U.S.C. § 1782 For Judicial Assistance in Obtaining Evidence Located in the Southern District … Continue reading

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S.D.N.Y. Upholds Discovery of Non-U.S. Bank Branches, but Only after Hague Convention Procedures Are Utilized

Tiffany (NJ) LLC, et al. v. QI Andrew, et al., 10 Civ. 9471 (S.D.N.Y. July 2011)(Mag. J. Peck), addresses international discovery issues and can serve as a refresher of several of the areas that arise frequently in international litigation. Plaintiffs … Continue reading

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Even a Year’s Delay Does Not Waive Right To Compel Arbitration Provided No Substantial Invocation of Court Assistance

In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010, MDL No. 2179 (E.D. LA. July 2011) (Rec. Doc. 2169), decides a motion to stay litigation between Anadarko and BP on … Continue reading

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