Tag Archives: Comity

Fourth Circuit Weighs in on Circuit Split Concerning Whether State Insurance Statutes “Reverse Preempt” Arbitration Provisions in International Agreements

ESAB Group, Inc. v. Zurich Ins. PLC, et al., No. 11-1243 (4th Cir. 2012), recently weighed in on a matter that has split the Circuits and has given pause to international contract draftsmen and international dispute resolution practitioners:  to what extent to international contracts containing mandatory arbitration provisions supercede contrary state (or even federal) law.  … Continue Reading

Seventh Circuit En Banc Affirms Denial of Motion To Dismiss Direct Purchase Antitrust Claims Against Potash Cartel Members: Foreign Trade Antitrust Improvements Act Clarified

Minn-Chem, Inc., et al. v. Agrium Inc., et al., No. 10-1712 (7th Cir. 2012) (en banc), is a decision of all the active sitting Judges of the United States Court of Appeals for the Seventh Circuit.  The Court addresses two issues of central importance to international litigation, especially in the antitrust context — from a … 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

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 proceedings in other countries in favor of proceedings in the U.S., or attempts to enjoin … 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

Seventh Circuit Addresses International Custody Dispute Under International Convention

Norinder v. Fuentes, No. 10-2753 (7th Cir. 2011), is the rare case in federal court, and even rarer in the federal appellate system, to address custody issues.  The Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No. 11,670 (Oct. 25, 1980), entitles a person whose child has been wrongfully removed to the U.S. in violation … 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

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

Ninth Circuit Denies Rehearing in Bauman v. DaimlerChrysler, Finding Personal Jurisdiction by Imputation and Watering Down “Agency” Test for Finding Jurisdiction, Say Eight Circuit Judges Who Would Grant Rehearing En Banc

Bauman, et al. v. DaimlerChrysler, et al., No. 07-15386 (9th Cir. 18 May 2011), involves claims by 22 Argentinian residents against DaimlerChrysler Aktiengesellschaft (DCAG) and its Argentinian subsidiary alleging that Mercedes Benz (owned by DaimlerChrysler) collaborated with Argentine state security forces to kidnap, detain, torture, and kill plaintiffs and/or their family members during Argentina’s “Dirty … Continue Reading

Non-U.S. Judgment Enforced in U.S.; Challenges Even Based on Fraud Need To Be Asserted in the Country Issuing the Original Judgment; U.S. Court Declines “Interjudicial Conference” of Having the Judges From the Two Countries Talk

Tettamanti, et al. v. Opcion Sociedad Anonima, No. 3D11-333 (3d Dist. Ct App. Fla. July 2011), is a state-court appellate ruling that bears on several international litigation topics of timely interest relating to the enforcement in the U.S. of a money judgment issued in a non-U.S. country.  Florida, like most other states, enacted what this … Continue Reading

Spanish War Ship Sunk Since 1804, And Its Cargo, Immune from Suit in U.S. Under FSIA

Odessey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel, et al., No. 10-10269 (11th Cir. Sept. 2011), offers a glimpse into the fascinating world of maritime jurisdiction of the federal courts, 200+-year old old shipwrecks of Spanish war ships, wars between England and France, secret agreements Spain made with France, and the business of Odyssey, … Continue Reading

Cartel Defendants Not Entitled To Rely on “Foreign Sovereign Compulsion” Defense to Antitrust Liability, Desipite Official Statement that Conduct Was Compelled

In re Vitamin C Antitrust Litigation, 06-MD-1738 (BMC)(JO) (E.D.N.Y. Sept. 2011), addresses on summary judgment the Vitamin C cartel’s arguments over the so-called “foreign sovereign compulsion” (FSC) and related defenses.  In rejecting reliance on those defenses and thereby denying the motions for summary judgment, the decision contains extended discussion of several important international litigation issues. … Continue Reading

Deciding Russian Law After Trial, Court Recognizes Corruption and Bribery in Russia as “Ordinary Course of Business and/or Customary Practice in Russia”

Creditanstalt Investment Bank AG, et al. v. Holme Roberts & Owen, LLP, et al., Case No. 01-CV-1677 (Denver Colo. District Court June 2011), is an example of international litigation in a U.S. court making its way through trial and decision.  The decision should be read in conjunction with the discussion we just had in the … Continue Reading

Non-U.S. Liquidation Proceeding Recognized by U.S. Court; Public Policy Bar Rejected

In re: Fairfield Sentry Limited, et al., 10 Civ. 7311 (S.D.N.Y. Sept. 2011), is an appeal to the District Court of a ruling by the Bankruptcy Court that recognized the liquidation proceeding of Fairfield pending in the British Virgin Islands (BVI) as a “foreign main proceeding” under the U.S. Bankruptcy statute and stayed appellants derivative as well as … Continue Reading

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 Corp., which bought the assets directly or indirectly from Texaco, Inc. in 2001 and was treated … Continue Reading

New York Will Exercise Extraterritorial Jurisdiction Over Assets Abroad To Satisfy U.S. Judgment Assuming Requisite Personal Jurisdiction; Enforcement of Judgment Procedure Discussed

JW Oilfield Equipment, LLC v. Commerzbank AG, No. 18 MS 0302 (PKC)(S.D.N.Y. Jan. 2011), makes a series of useful international litigation rulings relating to enforcement and collection of money judgments.  In this regard, see generally the discussion of issues relating to enforcement of judgments in our e-book, International Practice: Topics and Trends.  Based on a judgment … Continue Reading

UK High Court Upholds Freedom of Contract Over Public Policy Inavlidation of “Anti-deprivation” Clauses in Standard Credit Default Swap Contract

Belmont Park Investments PTY Limited (Respondent) v. BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc (Appellant), 2011 UKSC 38 (Trinity Term July 2011), is a decision by the UK’s Supreme Court of England and Wales that involves two important principles of international litigation practice.  The decision dismisses an appeal in the case … Continue Reading

S.D.N.Y. Upholds Discovery of Non-U.S. Bank Branches, but Only after Hague Convention Procedures Are Utilized

Tiffany (NJ) LLC, et al. v. QI Andrew, et al., 10 Civ. 9471 (S.D.N.Y. July 2011)(Mag. J. Peck), addresses international discovery issues and can serve as a refresher of several of the areas that arise frequently in international litigation. Plaintiffs moved for an order compelling document production from three Chinese banks (the Bank of China, … Continue Reading

Second Circuit Reestablishes Attachments Against Argentina

Capital Ventures International (CVI) v. Republic of Argentina, Dkt. Nos. 10-4520-cv (Lead) (2d Cir. July 2011), is, by the Court’s own count, roughly the nineteenth time the Second Circuit has had to deal with issues arising from Argentina’s default on its debt. On this appeal the Court modifies the District Court’s own modification of prior … Continue Reading

Class Action Raising Predominantly Non-U.S. Law Claims Dismissed on the Basis of Comity

Toyota Motor Corp. Securities Litigation, cv 10-922 DSF (AJWx) (C.D. Cal. July 2011), addressed claims asserted both under the Private Securities Litigation Reform Act and under Japanese law arising out of Toyota’s recall of Toyota and Lexus brand cars, which cost roughly $4 billion and caused stock value loss of 11%.   The Distirct Court addressed … Continue Reading

Ninth Circuit Examines U.S. Sovereign Immunity; Applies Rule 44.1 Broadly To Determine if Reciprocity Condition of Federal Statute Satisfied

Tobar v. U.S., No. 08-56756 (9th Cir. Apr. 2011), involves a review by the United States Court of Appeals for the Ninth Circuit of a suit against the U.S. government arising from the U.S. Coast Guard’s stopping of an Ecuadorian vessel in international waters near the Galapagos Islands for suspected involvement in smuggling drugs.  After boarding … Continue Reading

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 again to the Third Circuit, In re Application of Chevron Corp., Nos. 10-4699, 11-1099 (3d … Continue Reading

Ninth Circuit Find Personal Jurisdiction Over DamilerChrysler AG under the ATS; Upholds “Agency” Rather than Alter-Ego Jurisdiction

Bauman, et al. v. DaimlerChrysler, et al., No. 07-15386 (9th Cir. 18 May 2011), involves claims by 22 Argentinian residents against DaimlerChrysler Aktiengesellschaft (DCAG) and its Argentinian subsidiary alleging that Mercedes Benz (owned by DaimlerChrysler) collaborated with Argentine state security forces to kidnap, detain, torture, and kill plaintiffs and/or their family members during Argentina’s “Dirty … Continue Reading