Tag Archives: Sequencing Dispute Resolution

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

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Petition To Confirm Arbitral Award Coupled with Relief For Indemnification and Attorney’s Fees

Related actions recently commenced in connection with an offshoot of the Madoff claims bears note for those interested in international dispute resolution practice.  We know of these issues because of the public nature of the filings made to confirm arbitral … Continue reading

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New York’s Highest Court Affirms Dismissal of Suit In Deference to Philippines Sovereign Immunity

Osqugama Swezey v. Merrill Lynch, et al., No. 88 (NY 2012), is a decision of New York’s highest court on the issue of how to balance the claims of deserving litigants before the court and those of the absent non-U.S. sovereign.  … Continue reading

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Bankruptcy Court Refuses To Stay International Litigation Against Non-Debtor Subsidiaries Despite Express Statutory Language Giving It the Power, but Not the Obligation, To Do So

In re Vitro, S.A.B de C.V v. ACP Master, Ltd., et al., Case No. 11-33335-HDH-15 (N.D. Tex. 2011), is a decision by a bankruptcy court but contains discussion of the issue often arising in contentious international litigation:  attempts to enjoin … Continue reading

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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 … 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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New York’s Highest Court Finds Public Policy Exception Applicable Before Even Deciding the Issue of Arbitrability, Barring Arbitration of Job Security Clauses

We have previously posted on the limits that courts inevitably find to the arbitrability of disputes, such as with “manifest disregard” oversight or grounds of public policy (see for example here).  In a recent decision by New York’ highest court, In the … Continue reading

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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

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Second Circuit Explains Its Decision Reversing the Grant of Injunction To Enforce $18 Billion Award Against Chevron

Chevron Corp. v. Hugo Gerardo Camacho Naranjo, et al., No. 11-1150-cv(L), is the Second Circuit’s decision explaining its ruling ealier in 2011 to reverse the District Court’s grant of a preliminary injunction precluding any enforcement activities of an $18 billion … Continue reading

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