Tag Archives: Judgments

Post-Arbitral Award Proceeding To Pierce Corporate Veil Correct Procedure But Fails on the Merits

Ahcom, Ltd. v. Hendrik Smelding, et al., Case No. 07-1139 SC (N.D. Cal. Aug. 2011), presents two interesting issues for international litigation and dispute resolution.   Nuttery Farms, Inc., a U.S. corporation, defaulted in connection with a series of contracts for the … Continue reading

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Second Circuit Vacates Preliminary Injunction Entered In Favor Of Chevron Against Ecuador Judgment, Staying Portion of District Court Case

We have written on District Judge Kaplan’s decision earlier this year — a 127-page decision preliminary enjoining enforcement, anywhere in the world, of an Ecuadorian judgment totaling $8.646 billion obtained by Lago Agrio plaintiffs (indigenous peoples in the Amazonian rain forest) against Chevron … Continue reading

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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 … Continue reading

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Third Circuit Rejects Chevron’s Broad Section 1782 Disclosure Request: Public Disclosure of Nonprivileged Communications Cannot Waive Privilege for Privileged Communications

The most recent installment of the U.S. proceedings involving Chevron Corp., the $8.646 billion judgment against it for environmental damage rendered in Ecuador, and Chevron’s efforts to stay or avoid that judgment by proceedings here in the U.S. takes us … Continue reading

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No Jurisdiction Over Non-U.S. Sovereign Instrumentality on Alter-Ego Grounds

The Court overseeing the massive international litigation attempting to secure enforcement of judgments against Argentina for defaults on bonds issued a decision in Seijas, et al. v. Republic of Argentina, 10 Civ. 4300 (S.D.N.Y. March 2011). In the decision, and … Continue reading

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U.S. District Court Preliminarily Enjoins Non-U.S. Plaintiffs From Enforcing Non-U.S. Judgment Against U.S. Company – Chevron v. Donziger, Lago Agrio

Chevron Corp. v. Donziger, et al., 11 Civ. 0691 (S.D.N.Y. Feb. 2011), is a 127-page decision on a motion for preliminary injunction.  The decision preliminarily enjoins enforcement, anywhere in the world, of an Ecuadorian judgment totaling $8.646 billion obtained by … Continue reading

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District Court Rejects Res Judicata and International Comity, Refusing To Give Effect to Non-forum Judicial Decision Overturning Arbitral Award

International Trading and Industrial Investment Co. v. Dyncorp Aerospace Technology,  09-791 (D.D.C. Jan. 2011), provides a long and detailed decision touching on several important international practice principles. International Trading was a proceeding to confirm a non-U.S. arbitral award rendered in … Continue reading

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Foreign Sovereign Immunity Act Permits Default Judgment Against a Non-U.S. Sovereign Under Special Circumstances

Calderon-Cardona v. Democratic People’s Republic of [North] Korea, et al., 723 F. Supp. 2d 441, Civil No. 08-1367 (D.P.R. 2010), deserves brief mention given the importance to the development of international litigation generally of a court imposing liability and punitive … Continue reading

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Sanctions Granted Against Non-U.S. Sovereign (Grenada) for Conduct in Post-Judgment Discovery

Export-Import Bank of the Republic of China v. Grenada, 06 Civ. 2469 (S.D.N.Y. 29 Dec. 2010), addresses the relatively rare circumstance in international litigation — a successful attempt to locate assets in the U.S. to satisfy a judgment against a … Continue reading

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Ninth Circuit Permits FSIA Defense To Judgment Enforcement Action, Even by Absent Sovereign; State Law Governs Issue of Whether Property is in U.S.

Peterson v. Islamic Republic of Iran (CMA CGM), 08-17756 (9th Cir. 3 Dec. 2010), considers an important but rarely seen application of the Foreign Sovereign Immunities Act (FSIA), not as it relates to defenses of a non-U.S. Sovereign to being … Continue reading

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