Tag Archives: Provisional Remedies

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

Southern District of New York Refuses To Permit Electronic Funds Transfers To Be Attached To Satisfy Judgment Against North Korea

Calderon-Cardona, et al. v. JP Morgan Chase Bank, N.A., et al., 11 Civ. 3283 (S.D.N.Y. 2011)(DLC), presents an extended discussion of the requirements, and pitfalls, of a judgment-creditor’s efforts to collect on a judgment.  We posted on the earlier decision on liability in the case, which was decided by the District of Puerto Rico federal court. The … Continue Reading

Non-U.S. Sovereign Entitled to FSIA Immunity on Attachment of Assets Post-Judgment

Aurelius Capital Partners LP, et al. v. The Republic of Argentina, presents the important international practice issue of how and when can assets of a non-U.S. sovereign be attached to satisfy a monetary judgment.  Aurelius owns beneficial interest in defaulted bonds issued by the Republic of Argentina.  The Court granted ex parte orders of attachment.  One … Continue Reading

Second Circuit Stays District Court’s Refusal To Approve SEC-Citigroup Settlement

The Second Circuit’s decision in SEC v. Citigroup Global Markets Inc., Dkt No. 11-5227-cv-(Lead) (2d Cir. 2012), presents issues related to international practice only indirectly.  But the principles are of significance and so will undoubtedly affect international practice.  At issue in the case is whether the federal district court correctly refused to approve a settlement … Continue Reading

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

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

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

Ecuador Appellate Court Affirms Judgment Against Chevron

We have posted several times on the U.S. aspects of the international dispute between Chevron and the plaintiffs from Ecuador suing for environmental contamination.  We have followed the Southern District’s decision granting an injunction as well as the Second Circuit’s reversal of that decision.  We predicted U.S. reaction to the District Court’s negative statements about … Continue Reading

Released Claims Against Non-U.S. Sovereign Not Revived By Subsequent Expansion of Plaintiff’s Statutory Rights

We have recently been focused on how international law firms can offer more than just litigation help to clients — that is, how corporate lawyers and drafters of contracts can avoid or at least ameliorate some of the problems encountered in connection with the pursuit of an international dispute.  Recently we discussed the benefits 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

District Court Finds Chabad Compliant with Post-Judgment Enforcement Procedures; Rules that Cultural Exchange Property Is Not Subject to Seizure Under FSIA; and Denies Sanctions Without Prejudice

Agudas Chasidei Chabad of United States v. Russian Federation, et al., 05-cv-1548 (RCL) (D.D.C. July 2011), is a decision by Chief Judge Lambert addressing several noteworthy issues of international practice that we have posted on previously. The decision also shows a U.S. federal court going to extraordinary lengths to show deference and comity to a … 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

Second Circuit, Sharing District Court’s “Irritation” at Argentina’s Refusal To Pay Its Creditors, Nonetheless Finds Central Banking Assets Immune from Attachment

NML Capital, Ltd., et al. v. Banco Central de la Republica Argentina (BCRA), et al., Dkt. Nos. 10-1487-cv-L, et al. (2d Cir. July 2011) addresses what the Court of Appeals describes as matters of first impression in the Circuit:  1) whether funds held at the Federal Reserve Bank of New York in an account of … Continue Reading

D.C. District Court Refuses To Grant Plaintiff Default Judgment Against Iran, Finding Israeli Law Governed Dispute

In Estate of Yael Botvin v. Islamic Republic of Iran, et al., Civil Action No. 05-0220 (D.D.C. March 2011), plaintiff is the estate of an Israeli domiciliary killed in a 1997 terrorist attack in Jerusalem, Israel. The District Court had earlier denied a motion for a default judgment and treated the current motion as one … Continue Reading

Fifth Circuit Grants and Then Withdraws Mandamus, But New York Convention Removal By Non-Defendant Still Improper

The Fifth Circuit’s decisions in In re Chrystal Power Co. Ltd, No. 11-40115 (5th Cir. 21 March 2011), on rehearing (16 May 2011), address whether mandamus lies for a District Court order erroneously permitting removal of a case to federal court under the New York Convention, as codified in 9 U.S.C. secs. 201, et seq. Crystal … 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

Should the “Exceptional Circumstances” Standard Be Employed For Granting a Temporary Stay of an Arbitral Award, When the Right To Seek Judicial Review Might Be Frustrated As a Result?

A short decision by the District Court in Chinmax Medical Systems Inc. v. Alere San Diego, Inc., 10cv2467 (S.D. Cal. 8 Dec. 2010), deserves brief mention.  Chinmax, a Chinese company, was involved in an arbitration with Alere San Diego.  Chinmax sued to vacate an arbitration award and filed a motion to stay an interim final … Continue Reading

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

Two More Circuit Cases Reject Sovereign Immunity Defenses

Our International Practice: Topics and Trends e-book, in the last section of our Topic titled “The Special Case of Sovereign Entities in U.S. Litigation”, observes the recent trend – not noticed elsewhere – that over the last several months U.S. Courts of Appeals have taken a decidedly negative approach to attempts by non-U.S. sovereigns and … Continue Reading

Possible Common Law Immunity Available for Officials of Non-U.S. Governments, Even Where FSIA Immunity Unavailable; Dueling Anti-Suit Injunctions Not Reviewed

A ruling in an international litigation by the U.S. Court of Appeals for the Third Circuit, in Abi Jaoudi and Azar Trading Corp. v. CIGNA Worldwide Ins. Co., et al., 09-1297, 1298 (3d Cir. 8/20/10)(non-precedential), is the sixth ruling of a Court of Appeals this summer rejecting an FSIA defense, though this one, like one … 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

Collateral Order Doctrine Available for Reviewing Some International Litigations But Not Others – But In Both Cases Federal Court Litigation Continues

Our posting of 20 August 2010, discussing OSS Nokalva, Inc. v. European Space Agency (ESS), Nos. 09-3602, 3640 (3d Cir. 8/16/10)(link to decision), observed that the Third Circuit has expressly felt the need to invoke – and did invoke — the Collateral Order Doctrine to support its jurisdiction to review a district court’s rejection of … Continue Reading

Another Circuit – this time the Ninth — Cuts Back on Sovereign Immunity Defense: Cassirer v. Kingdom of Spain, et al.

In an en banc decision in the transnational litigation context by the Ninth Circuit, in Cassirer v. Kingdom of Spain, et al., No. 06-56325, 06-56406 (9th Cir. 8/12/10) (link here), the Court of Appeals addressed several issues concerning the applicability of a sovereign immunity defense.  It ruled in favor of permitting suit against a non-U.S. sovereign … Continue Reading