Tag Archives: Judgments

Post-Arbitral Award Proceeding To Pierce Corporate Veil Correct Procedure But Fails on the Merits

Ahcom, Ltd. v. Hendrik Smelding, et al., Case No. 07-1139 SC (N.D. Cal. Aug. 2011), presents two interesting issues for international litigation and dispute resolution.   Nuttery Farms, Inc., a U.S. corporation, defaulted in connection with a series of contracts for the sale of almonds to Ahcom, Ltd., a U.K. limited liability corporation in the business of … 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

Second Circuit Finds Mid-Case Default Forfeits Defendants’ Right To Appeal From Rulings That Statute Creates A Cause of Action and that Personal Jurisdiction Was Present; Remands For Reconsideration of Remedy

In cases where there are solid grounds to believe personal jurisdiction is missing, the strategic decision whether to appear and contest personal jurisdiction or whether to stay out of a jurisdiction altogether is among the hard questions facing litigants in international litigation practice.  The Second Circuit’s decision in City of New York v. Mickalis Pawn … 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

No Jurisdiction Over Non-U.S. Sovereign Instrumentality on Alter-Ego Grounds

The Court overseeing the massive international litigation attempting to secure enforcement of judgments against Argentina for defaults on bonds issued a decision in Seijas, et al. v. Republic of Argentina, 10 Civ. 4300 (S.D.N.Y. March 2011). In the decision, and ignoring the procedural complexity that got it there, the Court granted summary judgment dismissing claims … Continue Reading

U.S. District Court Preliminarily Enjoins Non-U.S. Plaintiffs From Enforcing Non-U.S. Judgment Against U.S. Company – Chevron v. Donziger, Lago Agrio

Chevron Corp. v. Donziger, et al., 11 Civ. 0691 (S.D.N.Y. Feb. 2011), is a 127-page decision on a motion for preliminary injunction.  The decision preliminarily enjoins 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 … Continue Reading

District Court Rejects Res Judicata and International Comity, Refusing To Give Effect to Non-forum Judicial Decision Overturning Arbitral Award

International Trading and Industrial Investment Co. v. Dyncorp Aerospace Technology,  09-791 (D.D.C. Jan. 2011), provides a long and detailed decision touching on several important international practice principles. International Trading was a proceeding to confirm a non-U.S. arbitral award rendered in favor of International Trading and against DynCorp Aerospace Technology. The petitioner moved for confirmation under … Continue Reading

Foreign Sovereign Immunity Act Permits Default Judgment Against a Non-U.S. Sovereign Under Special Circumstances

Calderon-Cardona v. Democratic People’s Republic of [North] Korea, et al., 723 F. Supp. 2d 441, Civil No. 08-1367 (D.P.R. 2010), deserves brief mention given the importance to the development of international litigation generally of a court imposing liability and punitive damages against an absent defendant, in this case an absent non-U.S.  sovereign. The case involved … Continue Reading

Sanctions Granted Against Non-U.S. Sovereign (Grenada) for Conduct in Post-Judgment Discovery

Export-Import Bank of the Republic of China v. Grenada, 06 Civ. 2469 (S.D.N.Y. 29 Dec. 2010), addresses the relatively rare circumstance in international litigation — a successful attempt to locate assets in the U.S. to satisfy a judgment against a non-U.S. sovereign.  Export-Import Bank of China sought to satisfy a $25 million judgment against Grenada.  … Continue Reading

Ninth Circuit Permits FSIA Defense To Judgment Enforcement Action, Even by Absent Sovereign; State Law Governs Issue of Whether Property is in U.S.

Peterson v. Islamic Republic of Iran (CMA CGM), 08-17756 (9th Cir. 3 Dec. 2010), considers an important but rarely seen application of the Foreign Sovereign Immunities Act (FSIA), not as it relates to defenses of a non-U.S. Sovereign to being sued in the U.S. but of having judgments enforced against it in the U.S.  Based … Continue Reading

How Are Appellate Tribunals Outside the U.S. Treating Enforcement of Resolutions of International Disputes: Eastern Caribbean Supreme Court Rules that Enforcement Court May Not Analyze Merits of Arbitral Award in Deciding Whether or Not To Wind Up Company Based on the Award — Last in Our Trilogy

Our two most recent posts have addressed non-U.S. decisions treating the grounds for challenging and enforcing either arbitral awards or court judgments. The comparison between this jurisprudence and U.S. jurisprudence on these topics is instructive (see our International Practice: Topics and Trends e-book on enforcing in the U.S. either arbitral awards under the New York … Continue Reading

How Are Appellate Tribunals in Countries Outside the U.S. Treating Enforcement or Recognition of Resolutions of International Disputes – A Second Sighting Concerning Judicial Judgments

Our recent blog discussing the role of the New York Convention in the recognition of “foreign” arbitral awards addressed the UK’s highest court’s treatment of the issues. In another recent decision, a court in the UAE addressed the issue of recognition and enforcement of “foreign” judicial judgments (rather than arbitral awards). We can’t find an English … Continue Reading

Post-Judgment Attachment of Assets Blocked

Our International Practice:  Topics and Trends e-book treats the subject of attachment of assets.  The typical difficulty in obtaining them occurs when attempted before a judgment of liability and damages are entered.  Bennett v. Islamic Republic of Iran, et al., No. 09-5147 (D.C. Cir. 9/10/10), addresses a circumstance where the Court denied attachment of a non-U.S. … Continue Reading

New York’s Highest Court Reaffirms New York’s Commitment To Recognizing Non-U.S. Monetary Judgments Provided Basic Fairness Applied in Non-U.S. Proceeding

International litigation frequently includes efforts in one jurisdiction to enforce final determinations of disputes obtained in another jurisdiction.  When the final determination is of an arbitration meeting relatively few formal rules, the New York Convention – a treaty to which many countries are signatories – is the standard way of seeking international enforcement.  When the … Continue Reading