Tag Archives: Choice of Law

Norex Decision, Long in Federal Court, Now Dismissed By State Court Using Borrowing Statute To Shorten Applicable Limitations Period

We have posted on the meanderings of the Norex case in federal court (e.g., here).  After dismissal from federal court, Norex sued in state court.  Norex Petroleum Ltd. v. Leonard Blavatnik, et al., Index No. 650591/11 (Sup. Ct. N.Y. County 2012). … Continue reading

Posted in Adjudication, International Practice | Tagged , | Comments Off

Seventh Circuit Applies Non-U.S. Law, Finds Not Conflict, And Awards Full Damages on Breach of Fiduciary Duty Claim; Non-U.S. Law Proven Without Apparent Use of Experts

In re Griffin Trading Co. (Appeal of Leroy G. Inskeep), No. 10-3607 (7th Cir. 2012), reviewed a District Court application of Illinois law in a breach of fiduciary duty claim in which those in control of Griffin Trading were alleged … Continue reading

Posted in Adjudication, International Practice | Tagged | Comments Off

New York’s Highest Court Dismisses Complaint By French Asset Management Firm Alleging Breach of Fiduciary Duty and Unlawful Interference with Contract

Oddo Asset Mgt. v. Barclays Bank PLC, et al., No. 126 (NY 2012), involves the application of state common law principles to an international transaction gone bad.   Two investment vehicles, SIV-Lites and Oddo Asset Management, were French asset management companies … Continue reading

Posted in Adjudication, International Practice | Tagged , | Comments Off

Seventh Circuit Addresses International Custody Dispute Under International Convention

Norinder v. Fuentes, No. 10-2753 (7th Cir. 2011), is the rare case in federal court, and even rarer in the federal appellate system, to address custody issues.  The Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No. 11,670 (Oct. … Continue reading

Posted in Adjudication, International Practice | Tagged , | Comments Off

Post-Morrison, State Law Rather Than Federal Supports Claims By Non-U.S. Investors for Alleged Securities Fraud

We have been following the law’s development since the U.S. Supreme Court’s decision in the U.S. Supreme Court’s decision in Morrison v. National Australia Bank (No. 08-1191).  Morrison held that Section 10(b) of the Securities Exchange Act of 1934 did … Continue reading

Posted in Adjudication, International Practice | Tagged , , , , | Comments Off

Choice of Law Considerations Lead To False Conflict — Veil Piercing Unavailable Under New York, Panamanian, or Dominican Law

Panam Management Group, Inc. v. Pena, et al., No. 08-CV-2258(JFB)(ARL) (E.D.N.Y. Aug. 2011), addresses a common issue faced in interntional litigation:  which law to apply to the resolution of an international dispute.  The District Court found that the central issues … Continue reading

Posted in Adjudication, International Practice | Tagged | Comments Off

Waiver of Privilege and Crime Fraud Exception At Play in International Litigation over Ecuadorian Judgment Against Chevron

The most recent installment in the U.S. proceedings in which Chevron is trying to avoid the $8 billion judgment entered against it in an Ecuadorian court (which we have posted on many times) takes the form of a decision by … Continue reading

Posted in Adjudication, International Practice | Tagged , | Comments Off

Court Appoints Neutral Expert On Choice of Law Issues But Rejects Public International Law Concepts’ Applicability To Private Claims

A recent decision, Pallano v. AES Corp., C.A. No. 9C-11-021 JRJ (Del. Super. Ct. July 2011), addresses three issues that frequently face the litigation practicioner or corporate draftmen in internaional litigation:  choice of law; the use of experts for the determination … Continue reading

Posted in Adjudication, International Practice | Tagged , | Comments Off

Choice of Law Determines Arbitrability; “Clear and Unmistakable” Standard Adopted; “Arising Under” Deemed a Narrow Arbitration Clause.

The recent decision by the Ninth Circuit in Cape Flattery Limited (Cape) v. Titan Maritime, LLC, et al. (Titan), No. 09-15682 (9th Cir. July 2011), discusses several important issues in international litigation practice.  The suit involves claims by Cape against Titan … Continue reading

Posted in Adjudication, Arbitration, International Practice | Tagged , | Comments Off

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 … Continue reading

Posted in Adjudication, International Practice | Tagged , | Comments Off