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 immunity defense. The case arises out of the suicide bombing in 2006 or a restaurant … Continue Reading

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 the subrogee of Sixty USA, Inc. The case is a maritime case (138 cartons of … Continue Reading

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 Supreme Court’s decision in Stolt-Neilsen S.A. v. AminalFeeds International Corp., 130 S.Ct. 1758 (2010), finding … Continue Reading

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 interesting international practice rulings in the decision. The matter arose out of an arbitration award … Continue Reading

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 a U.S. federal court going to extraordinary lengths to show deference and comity to a … Continue Reading

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 grant of a motion to dismiss Alient Tort Statute (ATS), 28 U.S.C. sec 1350, and … Continue Reading

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 grounds of various individual defendants (the Court of Appeals affirming the balance of the District … Continue Reading

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 of Florida, Case No. 10-23973-MC-King/Goodman (S.D.N.Y Mar. 2011), deserves another brief look, since it addresses … Continue Reading

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 moved for an order compelling document production from three Chinese banks (the Bank of China, … Continue Reading

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 the basis of the international agreement titled “Macondo Well Joint Operating Agreement” (JOA). The Court … Continue Reading

Second Circuit Finds Mid-Case Default Forfeits Defendants’ Right To Appeal From Rulings That Statute Creates A Cause of Action and that Personal Jurisdiction Was Present; Remands For Reconsideration of Remedy

In cases where there are solid grounds to believe personal jurisdiction is missing, the strategic decision whether to appear and contest personal jurisdiction or whether to stay out of a jurisdiction altogether is among the hard questions facing litigants in international litigation practice.  The Second Circuit’s decision in City of New York v. Mickalis Pawn … Continue Reading

Second Circuit Reestablishes Attachments Against Argentina

Capital Ventures International (CVI) v. Republic of Argentina, Dkt. Nos. 10-4520-cv (Lead) (2d Cir. July 2011), is, by the Court’s own count, roughly the nineteenth time the Second Circuit has had to deal with issues arising from Argentina’s default on its debt. On this appeal the Court modifies the District Court’s own modification of prior … Continue Reading

D.C. Circuit Upholds Dismissal of Claims Against Iran Precluded by the Algiers Accords; Circuit Now Silently Divided on Whether Section 1605A Does or Does Not Create Private Right of Action

Roeder, et al. v. Islamic Republic of Iran and the U.S., No. 10-5355 (D.C. Cir. July 2011), affirms the conclusion of the District Court.  We earlier posted on the District Court decision in this case.  It held that even the 2008 amendments to the Foreign Sovereign Immunities Act, 28 U.S.C. sec. 1605A, did not permit the … Continue Reading

Seventh Circuit Joins Eleventh and D.C. Circuits in Finding Corporate Liability Available Under the Alien Tort Statute, Splitting with the Second Circuit in Kiobel

Biomah Flomo, et al. v. Firestone Natural Rubber Co., No. 10-3675 (7th Cir. July 2011), addresses the issue of corporate liability under the Alien Tort Statute, 28 U.S.C. § 1350 – an issue that has split the Circuits.  More interesting for our purposes, the decision rules on issues of international litigation practice that apply more … Continue Reading
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