Tag Archives: Recognition & Enforcement

Eleventh Circuit Finds Moot a Post-Judgment Challenge to a Confirmed Arbitral Award, Even When the Challenge Is Made in a Primary Jurisdiction Under the New York Convention

Ingaseosas International Co. v. Aconcagua Investing Ltd., No. 11-10914 (11th Cir. 2012) (unpublished),  involves an interesting application of the primary vs secondary jurisdiction doctrine under the New York Convention as well as the mootness doctrine.  IIC participated in an arbitration in Miami, Florida, under New York law.  IIC lost, the award requiring it to pay $11 … Continue Reading

Ninth Circuit Affirms Arbitral Award Over Public Policy Ojection; Affirms Jurisdiction To Award Post-Award, Prejudgment Interest and Attorneys’ Fees

The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc., No. 99-56380, 56444 (9th Cir. 2011), decided two issues of note in the context of international practice and dispute resolution:  confirmation of an arbitral award in the face of a public policy objection, and the … Continue Reading

District Courts Show Reluctance To Precluding Non-U.S. Expert or Consultant Access To Even Highly Confidential Material Subject to U.S. Court Imposed Orders of Confidentiality/Protective Orders

In complex commercial litigation generally, the questions typically arise concerning who can review or have access to the confidential documents or data of the adversary.  In international litigation, those questions also include “where” parties can have such access.  If a non-U.S. person or entity breaches a confidentiality order entered by a U.S. court, where can … Continue Reading

New York Court Enforces Non-U.S. Judgment Under Uniform Money Judgment Act Without Analysis of Personal Jurisdiction Over the Defendant; Rejects Forum Non Conveniens Dismissal

Abu Dhabi Commercial Bank PJSC v. Saad Trading, Contracting & Financial Services Co., 652191/11 (Sup. Ct. N. Y. Cty. 2012), granted summary judgment in lieu of complaint — a streamlined and expeditious remedy — to domesticate and enforce a judgment from the U.K.  In the U.K. proceedings, the defendant initially appeared, did not contest jurisdiction, … Continue Reading

District Court in Chevron v Donziger Upholds Many Claims, Including RICO Claim Against U.S. Lawyer, Despite Thus-far Valid Non-U.S. Judgment

Chevron Corp. v Steven Donziger, et al., 11 Civ. 0691 (LAK) (S.D.N.Y. 2012), is the District Court’s most recent order in the array of cases concerning the multibillion judgment enetered against Chevron in Ecuador.  We have posted on the matter, including with respect to the District Court’s original preliminary injunction, the Second Circuit’s reversal, and … Continue Reading

Case Conditionally Dismissed on Forum Non Conveniens Grounds Even In the Face of Blocking Statute in Chosen Non-U.S. Jurisdiction

Del Istmo Assurance Corp. v. Meletios Platon and Italkitchen Int’l, Case No. 11-61599-CIV-COHN/SELTZER (S.D. Fla. 2011), addresses the interesting and important issue in international practice of the choice of forum considerations applicable when one sovereign nation passes statutes attempting to block or regulate what disputes can be resolved in its courts based on what other … Continue Reading

Southern District of New York Refuses To Permit Electronic Funds Transfers To Be Attached To Satisfy Judgment Against North Korea

Calderon-Cardona, et al. v. JP Morgan Chase Bank, N.A., et al., 11 Civ. 3283 (S.D.N.Y. 2011)(DLC), presents an extended discussion of the requirements, and pitfalls, of a judgment-creditor’s efforts to collect on a judgment.  We posted on the earlier decision on liability in the case, which was decided by the District of Puerto Rico federal court. The … Continue Reading

District Court in Chevron Case Exonerates Prelminary Injuction Bond

The District Court in the long-running international litigation involving Chevron exonerated (meaning vacated it) the preliminary injunction bond filed in connection with the preliminary injunction entered by the District Court but then reversed by the Second Circuit.  We have posted on this litigation many times (e.g., here). The decision addresses several issues of interest to … Continue Reading

Non-U.S. Sovereign Entitled to FSIA Immunity on Attachment of Assets Post-Judgment

Aurelius Capital Partners LP, et al. v. The Republic of Argentina, presents the important international practice issue of how and when can assets of a non-U.S. sovereign be attached to satisfy a monetary judgment.  Aurelius owns beneficial interest in defaulted bonds issued by the Republic of Argentina.  The Court granted ex parte orders of attachment.  One … Continue Reading

Court Where Judgment Is Attempted To Be Enforced May But Need Not Test Personal Jurisdiction in the Judgment Entering Court

Relying on the law in international litigation, the District Court in Massachusetts addressed the issue which court was obliged to determine whether the court entering a judgment had the requisite personal jurisdiction.  Kulik v. Bronstein, MBD No. 09-10264-PBS (D. Mass. 2011).  At issue in the case was whether a Rhode Island court or a Massachusetts … Continue Reading

Second Circuit Stays District Court’s Refusal To Approve SEC-Citigroup Settlement

The Second Circuit’s decision in SEC v. Citigroup Global Markets Inc., Dkt No. 11-5227-cv-(Lead) (2d Cir. 2012), presents issues related to international practice only indirectly.  But the principles are of significance and so will undoubtedly affect international practice.  At issue in the case is whether the federal district court correctly refused to approve a settlement … Continue Reading

U.S. Court Orders Extradition of Alleged War Criminal After According Due Process

In the Matter of the Extradition of Rasema Handanovic, 3:11-mc-9097-ST (D. Ore. 2011), presents several noteworthy aspects of the international practice issues that arise in an international extradition proceeding.  In particular, the extent to which a U.S. court will protect the due process rights of a potential criminal defendant in an international war crimes case is … Continue Reading

Court Lists Manifest Disregard as a Standard To Seek Vacatur of an International Arbitral Award, though the Court Affirms the Award Nonetheless

L’Object, LLC v. Samy D. Limited, et al., 11 Civ. 3856 (LBS)(S.D.N.Y. 2011), is another in the series of arbitral award challenges recently analyzed by the courts.  Nearly identical arbitration clauses required the arbitration in New York of “[a]ny controversy or claim arising out of or related to” various contracts.  For purposes of international dispute resolution, … Continue Reading

Southern District of New York Court Confirms Arbitration Award, Reaffirming Its Reluctance to Permit Sealing of Case Records in Confirmation Proceeding

Century Indemnity Co. v. Equitas Ins. Ltd., et al., 11 Civ. 1034 (NRB) (S.D.N.Y. 2011), addresses cross-motions to confirm and vacate arbitral award.  A few of the subsidiary issues decided by the Court are important for the international litigation/dispute resolution practitioner, including: First, the Court faced a situation where it appeared that the parties were … Continue Reading

New York Bankruptcy Court Rejects Comity Based on Public Policy Exception to the Grant of Comity to Non-U.S. Orders

In re Dr. Jurgen Toft, Case No. 11-1049 (ALG) (S.D.N.Y. Bank. Ct. 2011), a typically sound and erudite decision by the Bankruptcy Court in the Southern District of New York, is something of a close-to-must read for the practioner or reader interested in international practice.  The Court addressed a case where the foreign representative, or … Continue Reading

New York Court Rejects Challenge To Arbitral Award Claiming Bias and Manifest Disregard of Law

In the Matter of the Arbitration of Certain Controversies Between Seaside Heights Ltd., et al. against RHS Ventures (GP) CA, Ltd., et al., Index No. 600899/2010 (N.Y. Sup. Ct. 2011), addresses issues facing the international dispute practitioner seeking to avoid an arbitral award under New York law.  The grounds for vacatur included 1) bias by … Continue Reading

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 2/27/12).  The decision, translated in the attached link, deserves attention for practitioners in international litigation … Continue Reading

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 in accordance with the Treaty Between the United States of America and the Republic of … Continue Reading

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 a particularly challenging and important issue in connection with non-U.S. nationals or entities.  See for example, … Continue Reading

Petitioner Seeking To Vacate International Arbitral Award Has Choices Concerning How To Serve Respondent

Mafidis v. Subway International, B.V., Case No. 3:10-CV-119 (PCD)(D. Conn. 2011),  involves an attempt by a Subway franchisee under an international franchise agreement to vacate an international arbitral award against Subway.  The Franchise Agreement contained a dispute resolution clause requirement arbitration and that proceedings would follow the United Nations Commission on International Trade Regulations and … Continue Reading

Non-U.S. Corporation, “Independent” But Wholly Owned By Non-U.S. Sovereign, Entitled to Avoid U.S. Jurisdiction To Enforce Non-U.S. Arbitral Award Under the New York Convention When Its Parent Could Not

GSS Group v. National Port Authority (NPA), Civil Action No. 09-1322 (PLF) (D.D.C. Mar. 2011), presents another example of how the corporate lawyer or draftsman might have avoided a conundrum that prevented a non-U.S. arbitral award from getting the significant benefits of the New York Convention’s provisions permitting enforcement in the U.S. of international arbitral … Continue Reading

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 a Subway restaurant in Athens, Greece.  Their agreement called for New York City arbitration under … Continue Reading

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, was at the time the largest non-nuclear explosion ever recorded on Earth.  The international practice … Continue Reading

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 book.  The decision provides learning on several timely topics that we address more fully in … Continue Reading