Monthly Archives: October 2011

Choice of Non-U.S. Law Informs Damages Models and Amounts in FSIA Case Against Iran

Oveissi v. Islamic Republic of Iran, et al., 03-cv-1197 (RCL) (D.D.C. Mar. 2011), provides a recent example of how choice of law can inform and in some respects determine not just the categories but the actual quantum of damages available in a suit under the Foreign Sovereign Immunities Act.  The application of choice of law in this … Continue Reading

Released Claims Against Non-U.S. Sovereign Not Revived By Subsequent Expansion of Plaintiff’s Statutory Rights

We have recently been focused on how international law firms can offer more than just litigation help to clients — that is, how corporate lawyers and drafters of contracts can avoid or at least ameliorate some of the problems encountered in connection with the pursuit of an international dispute.  Recently we discussed the benefits of … Continue Reading

International Banking and Finance Provide Grounds for Removal of State Court Action to Federal Court

American Int’l Group, Inc., et al. v. Bank of America Corp., et al., 11 Civ. 6212 (BSJ) (S.D.N.Y. Oct. 2011),  highlights one of the common ways to order, sequence, rationalize a complex international litigation (see generally the discussion of ordering or sequencing international litigation in our e-book, International Practice: Topics and Trends). Residential mortgage backed securities … Continue Reading

How To Keep Confidential Arbitral Awards Confidential Even When Seeking To Enforce/Vacate Them

One of the promises made by international dispute resolution is that when the forum of the dispute is an arbitration the proceedings are, and can remian, confidential (see generally the discussion of the confidential nature of arbitrations in our e-book, International Practice:  Topics and Trends).  What happens, however, if an arbitral award needs to be enforced, or if … Continue Reading

Third Circuit Affirms Class Certification, Cautioning Against the Need for Mini Trials

Our immediately prior posting addressed the issue of how a single case in a multiparty, multidistrict litigation raising industry-wide antitrust claims was plucked out and sent to arbitration.   How a plaintiff manages around that result is a question not just of international litigation practice but for the corporate or transactional lawyer/draftsman to avoid as well.  … Continue Reading

Arbitration Compelled for Industry-wide Antitrust Claim Made Against A Single Defendant Despite Active Participation in Multidistrict Litigation for Over A Year

Nokia Corp., et al. v. AU Optronics Corp. (AUO), et al., MDL No. 1827 (N.D. Cal. July 2011), orders arbitration on the basis of reasoning that is noteworthy for the litigation of international disputes.  Nokia’s complaint alleges a price-fixing conspiracy by suppliers of liquid crystal display (LCD) panels.  AUO asserted, as its fifty-second affirmative defense:  To the extent Nokia … Continue Reading

Failure To Follow German Validation Procedure Dooms Claims for Payment on Pre-War German Bearer; FSIA Precludes Balance of Claims

We have previously posted on the signficance of the international practice decisions by the Second and Eleventh Circuits’ decisions relating to validation procedures preventing Foreign Sovereign Immunities Act immunity.  Mortimer Off Shore Services, Ltd. v. Federal Republic of Germany, Nos. 08-1783-cv, 08-2358-cv (2d Cir. 7/26/10); and World Holdings v. The Federal Republic of Germany, No. … Continue Reading

New York’s Intermediate Appellate Court, Vacating Earlier Ruling, Reaffirms that It Is the Court, Not the Arbitrator, Who Decides Threshold Issue of Arbitrability

We earlier blogged on the Appellate Divisions decision in Jalas v. Halperin.  The Appellate Division subsequently granted a motion to reargue that decision, vacated the earlier decision, and rendered a new one, Jalas v. Halperin, 2009-00362, 2009-111726 (2d Dep’t  June 2011).    In the revised decision, the Appellate Division reaffirms the important international litigation ruling from … Continue Reading

Second Circuit Affirms Direction To Arbitrate But Holds the Arbitration Panel Determines Scope of Contractual Forum Clause

UBS Financial Services, Inc., et al. v. West Virginia University Hospitals (WVUH), et al., Dkt. No. 11-235-cv (2d Cir. Sept. 2011),  involves three issues of relevance to the development of international dispute resolution and international litigation.  UBS acted as an underwriter and broker of auction rate securities and was a member of the Financial Industry Regulatory Authority … Continue Reading

Spanish War Ship Sunk Since 1804, And Its Cargo, Immune from Suit in U.S. Under FSIA

Odessey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel, et al., No. 10-10269 (11th Cir. Sept. 2011), offers a glimpse into the fascinating world of maritime jurisdiction of the federal courts, 200+-year old old shipwrecks of Spanish war ships, wars between England and France, secret agreements Spain made with France, and the business of Odyssey, … Continue Reading

Cartel Defendants Not Entitled To Rely on “Foreign Sovereign Compulsion” Defense to Antitrust Liability, Desipite Official Statement that Conduct Was Compelled

In re Vitamin C Antitrust Litigation, 06-MD-1738 (BMC)(JO) (E.D.N.Y. Sept. 2011), addresses on summary judgment the Vitamin C cartel’s arguments over the so-called “foreign sovereign compulsion” (FSC) and related defenses.  In rejecting reliance on those defenses and thereby denying the motions for summary judgment, the decision contains extended discussion of several important international litigation issues. … Continue Reading

Second Circuit Affirms Application of Sovereign Immunity at Judgment Enforcement, Permitting Defense To Be Asserted Even in Absence of Sovereign

Walters v. Industrial and Commercial Bank of China, Ltd, et al., Dkt. No. 10-806-cv (2d. Cir. July 2011), reiterates the clear and narrow bases for attaching non-U.S. sovereign property in execution of a judgment and also articulates new holdings applicable in this important area of international litigation and dispute resolution.  Any practitioner, corporate of litigator, … Continue Reading

Deciding Russian Law After Trial, Court Recognizes Corruption and Bribery in Russia as “Ordinary Course of Business and/or Customary Practice in Russia”

Creditanstalt Investment Bank AG, et al. v. Holme Roberts & Owen, LLP, et al., Case No. 01-CV-1677 (Denver Colo. District Court June 2011), is an example of international litigation in a U.S. court making its way through trial and decision.  The decision should be read in conjunction with the discussion we just had in the … Continue Reading