Monthly Archives: December 2011

Declaratory Nature of Suit Does Not Create Sovereign Immunity Waiver; Case Can Proceed Against Individuals Only If They Acted Outside Their Statutory Powers

In our recent posting we discussed the fact that a declaratory judgment action does not confer independent federal jurisdiction on an international controversy.   What effect does the federal Declaratory Judgment Act have on another important issue in international litigation:  the … Continue reading

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Federal Court Seized of Admiralty Jurisdiction Nonetheless Dismisses In Favor of Canadian Litigation

Sikorsky Aircraft Corp., et al. v. Lloyds TSB General Leasing (No. 20) Limited, et al., Civil Action No. 3:10-CV-00954 (CSH) (D. Conn. Apr. 2011), demonstrates how two insightful courts are managing international litigation pending in two different countries.  The case … Continue reading

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Petition To Vacate Arbitral Award Untimely, But Same Defenses Can Be Raised In Opposition Confirmation

Ornela Cere v. Subway International B.V., Index No. 111998/2010 (N.Y. Sup.Ct.  Aug. 2011), is a brief and lucid discussion by a New York state court of first instance of an important issue in international litigation practice.  Cere and Subway had a dispute involving … Continue reading

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Rare FCPA Criminal Conviction Affirmed on Appeal

In a rare criminal conviction under the Foreign Corrupt Practices Act, the Second Circuit Court of Appeals affirmed the conviction of Frederick Bourke, co-founder of the accessory company Dooney & Bourke, U.S. v. Viktor Kozeny, David Pinkerton, Frederic Bourke, Jr., … Continue reading

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Section 1782 Discovery Ordered Against Chevron’s Environmental Expert for Use in UNCITRAL Arbitration Relating to Ecuador

A decision from a Magistrate Judge in Colorado includes some useful learning on international practice under 28 U.S.C. Section 1782.  Republic of Ecuador, et al. v. Bjorkam (Chevron), Civil Action No. 11-cv-01470-WYD-MEH (D. Colo. Aug. 2011). The underlying international litigation … Continue reading

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The Arduous Journey of Collecting on a Judgment Against A Non-U.S. Sovereign

Estate of Michael Heiser v. Islamic Republic of Iran, 00-cv-2329 (D.D.C. Aug. 2011)(RCL), addresses claims arising from the 1996 bombing of the residential facility house U.S. Air Force personnel in Saudi Arabia, which, as the District Court chillingly reminds us, … Continue reading

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Non-U.S. Arbitral Award Confirmed Against Non-U.S. Sovereign Under FSIA Exception

Thai-Lao Lignite (Thailand) Co., et al v. Government of the Lao People’s Democratic Republic, 10 Civ. 5256 (S.D.N.Y Aug. 2011), presents a recent analysis of cross-motions to vacate and confirm arbitral awards, a mainstay in the international dispute resolution play … Continue reading

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Claim Alleging Derivative Possession of Good Allegedly “Taken” in Violation of International Law Still Precluded by FSIA

We discuss briefly the final installment (in the District Court) of the attempt to recover possession of a Van Gogh drawing allegedly sold away from the plaintiff’s great-grandmother “under duress during the Nazi era in Germany for fraction of its … Continue reading

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Seventh Circuit Agrees with D.C. Circuit Dissent that U.S. Citizens Must Be Able to Sue U.S. Officials for Alleged Torture Overseas

Vance, et al. v. Donald Rumsfeld and the United States of America, Nos. 10-1687, 10-2442 (7th Cir. Aug. 2011), alleges that Secretary of Defense Rumsfeld bears personal involvement and responsibility for alleges torture of U.S. citizens in Iraq.  The District … Continue reading

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Court of Appeals Affirms Forum Non Conveniens Dismissal of Cases to Argentina and Mexico; Chides Counsel for Ostrich-like Ignoring of Controlling Precedent

The cause celebre of the moment, a decision written by Judge Posner of the Seventh Circuit, Monica Del Carmen Gonzolez-Servin, et al. v. Ford Motor Company, No. 11 Civ. 1665 (7th Cir. Nov. 2011), literally shows pictures of a ostrich … Continue reading

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