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 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

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, typically in the cases discussed here, their international.  See for example our posting of 11/12/10, which … Continue Reading

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 the Securities Exchange Act of 1934 did not provide a private cause of action in … Continue Reading

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 decision relating to international practice and dispute resolution addresses the Court’s jurisdiction and retention of jurisdiction over … Continue Reading

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 part of the case involves novel claims by the plaintiffs that part of the antitrust conspiracy … Continue Reading

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 of Vivendi stock.  A jury found the defendants liable for securities law violations.  Then the … 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

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 reversed the grant of class certification.  As defined in the district court, the class consisted … Continue Reading

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 (in federal court) interlocutory review procedure of Fed. R. Civ. P. 23(f). The antitrust allegations … Continue Reading

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 matter of the arbitration between Johnson City Prof. Firefighters Local 921, et al. v. Village … Continue Reading

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 not provide a private cause of action in “foreign-cubed” cases—cases where foreign plaintiffs sue foreign … Continue Reading

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 judgment against Chevron by native Ecuadorians for environmental liability entered by a court (and now … Continue Reading