Monthly Archives: February 2012

Ecuador Court Rejects International Arbitral Interim Award in Chevron Matter

In the environmental litigation pending against Chevron in Ecuador, the Court has issued a ruling showing respect but no deference to the international arbitral interim injunction issued against Ecuador on Jan. 25, 2012 (we posted on the subsequent interim award on … Continue reading

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International Arbitral Panel Enjoins Ecuador in the Chevron Matter

In the ongoing battles between Chevron and Ecuadorian plaintiffs and, relatedly, with Ecuador itself, an international arbitration tribunal has issued a Second Interim Award on Interim Measures.  The matter is captioned, In the matter of arbitration  before a tribunal consistituted … Continue reading

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Reversing the Ninth Circuit, Supreme Court upholds right to arbitrate

We have discussed various decisions by the Supreme Court, the federal Courts of Appeals, and an array of District Courts seeking to uphold private parties’ freedom to contract with each other concerning the forum and law to govern their disputes, … Continue reading

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Securities Claim in Canada Under Canadian Securities, Mirror Image To Morrison Claims Under U.S. Securities Laws, Permitted To Proceed

As a matter of international litigation practice, the changes wrought by the U.S. Supreme Court’s decision in Morrison have been fundamental.  In the Supreme Court decision in Morrison v. National Australia Bank (No. 08-1191), the Court held that Section 10(b) of … Continue reading

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District Court in BP Securities Class Action Dismisses Non-U.S. Securities Claims on the Basis of Morrison and Effective Preemption

In re BP p.l.c. Securities Litigation, MDL No. 10-md-2185 (S.D. Tex. Feb. 2012), is a 129-page decision comprehensively addressing the allegations underlying and the securities claims arising from the BP oil spill of April 20, 2010.  The portion of the … Continue reading

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Antitrust Claims That Credit Card Companies Conspired To Insert Arbitration Clauses in their Customer Agreements Survives Summary Judgment

In re Currency Conversion Fee Antitrust Litigation, MDL No. 1409 (WHP) (S.D.N.Y. 2012), provides a good example on summary judgment of the intersection between arbitration clauses and the antitrust laws and illustrates several issues that arise in international litigation. A … Continue reading

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District Court in Vivendi Class Action Denies Plaintiffs’ Bid for Interlocuotry Appellate Review

In re Vivendi Universal, S.A., Securities Litigation, 02 Civ. 5571 (RJH) (S.D.N.Y. 2012),  involves claims by non-U.S. persons — specifically persons in France, England, and the Netherlands (in addition to the U.S.) who purchased ordinary shares of American Depositary Shares … Continue reading

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Another successful veil piercing against non-U.S. national for U.S. judgment

We have posted recently on the New York law on piercing the corporate veil, since New York law continues to be the central law one sees in international litigations in the U.S., and veil piercing could be expected to be … Continue reading

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Ninth Circuit Address Choice of Law in the Context of Class Certification

Mazza, et al. v. American Honda Motor Co., No. 09-55376 ((9th Cir. 2012), presents a related analysis to that of the Seventh Ciruit in our recent posting on class or collective actions.  Here, however, the Court of Appeals vacated and … Continue reading

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Seventh Circuit Upholds Class Certification in Price Setting Antitrust Case Despite Nonuniformity of Prices

Our analysis of class actions, typically called collective actions in the international litigation context, continues with a brief review of Messner v. Northshore Univ. HealthSystem, No. 10-2514 (7th Cir. 2012).   In Messner, the Seventh Circuit reviewed pursuant to the rare … Continue reading

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