Tag Archives: Choice of Law

The Rare But Potent Antisuit Injunction

As our International Practice: Topics and Trends e-book discusses, rarely is a U.S. court seriously asked to enjoin proceedings in another country. Even more rarely does a U.S. court actually enter such an “antisuit” injunction, especially given the solicitude that U.S. courts have to principles of international comity. The seminal case in this area is … Continue Reading

Extraterritorial Application of Federal Act Both Congressionally Justified and Constitutional in the Case of the Torture Act (Eleventh Circuit) But Not in the Case of the Lanham Act, on the Facts (Ninth Circuit)

Prior posts discussed Morrison v. National Australia Bank (No. 08-1191), where the Court held that the federal securities laws did not apply to extraterritorial conduct in a so-called foreign cubed case (foreign plaintiffs sue foreign defendants for misconduct in connection with securities traded on foreign exchanges).  Notwithstanding the press generated by and the extensive judicial treatment of that … Continue Reading

Second Circuit Again Rejects FSIA Defense and Upholds Attachment of Assets and Other Provisional Remedies, Applying New York Choice of Law and Substantive Law To Disregard “Trust”

The continuing saga to enforce judgments by U.S. creditors against the Republic of Argentina resulted in a recent unpublished opinion by the U.S. Court of Appeals for the Second Circuit in EM Ltd., et al. v The Republic of Argentina, et al., 09-3908-cv, etc (2d Cir. 8/3/10).  Under Second Circuit rules, the unpublished opinion does … Continue Reading

Egyptian Nationalization of Jewish-Owned Property Fails To State Claim Against U.S. Lessee of the Property; Proving Non-U.S. Law Discussed

 Proceedings pending in the Southern District of New York since 1997 were dismissed by the district court on 8/23/10 in an instructive opinion concerning the application of choice of law and foreign law determinations in the context of an international dispute.  Bigio, et al. v. The Coca-Cola Company (C-C), et al., 97 Civ. 2858 (S.D.N.Y. … Continue Reading

The Complex Interplay Between Choice of Law and Statutes of Limitations/Repose in International Litigation

The Ninth Circuit was just asked to review on appeal the recent decision in Deirmenjian, et al. v. Deutsche Bank (DB), A.G., et al., CV 06-00774 (C.D. Cal. 7/30/10)(Morrow, J.).  The district court’s decision being appealed exemplifies the careful and rigorous consideration that is required when choice of law issues meet statutes of limitations, statutes … Continue Reading

Yet Another Court Invalidates the Combination of Forum Selection and Choice of Law Clauses but Severs To Uphold International Arbitration Provision

Our post of 8/9/10 discussed Matthews v. Princess Cruise, Ltd., Case No. 10-60830-CIV-GOLD/MCALILEY (S.D. Fla. 7/7/10), including how the court there permitted a post-litigation stipulation to the application of U.S. law as a means of saving an international arbitration agreement.  In Dumitru v. Princess Cruise, Ltd., 09 Civ. 4792 (NRB) (S.D.N.Y 7/29/10), the district court … Continue Reading

Another Court Invalidates the Combination of Forum Selection and Choice of Law Clauses but Severs To Uphold International Arbitration Provision

A district court in Florida furthered international comity by permitting removal of a case from state to federal court, then ordering that international and even U.S. Statutory claims be arbitrated in accordance with arbitration provisions in a contract that the court saved from unenforceability by severing a specific, unenforceable provision.  In Matthews v. Princess Cruise, Ltd., Case … Continue Reading