International Law

Recent Posts

District Court Avoids Testing Common Law Sovereign Immunity
Posted on 18 Aug 2011 by Cadwalader OneWorld International Practice

Defense Remanded by the Second Circuit But Dismisses the Claims on Personal Jurisdiction Grounds Instead By Louis M. Solomon Carpenter v. Republic of Chile, et al. , 07-CV-5290 (JS)(ETB) (E.D.N.Y. June 2011) [ enhanced version available to... Read More

Spanish War Ship Sunk Since 1804, and Its Cargo, Immune from Suit in U.S. Under FSIA
Posted on 10 Oct 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Odessey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel, et al. , No. 10-10269 (11th Cir. Sept. 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case... Read More

Court Appoints Neutral Expert On Choice of Law Issues But Rejects Public International Law Concepts’ Applicability To Private Claims
Posted on 11 Nov 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon A recent decision, Pallano v. AES Corp. , C.A. No. 9C-11-021 JRJ (Del. Super. Ct. July 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], addresses three issues... Read More

Non-U.S. Judgment Enforced in U.S.
Posted on 5 Nov 2011 by Cadwalader OneWorld International Practice

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 By Louis M. Solomon Tettamanti... Read More

International Banking and Finance Provide Grounds for Removal of State Court Action to Federal Court
Posted on 26 Oct 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon American Int'l Group, Inc., et al. v. Bank of America Corp., et al. , 11 Civ. 6212 (BSJ) (S.D.N.Y. Oct. 2011) [ enhanced version available to lexis.com subscribers ], highlights one of the common ways to order, sequence,... Read More

D.C. Circuit Upholds Dismissal of Claims against Iran Precluded by the Algiers Accords
Posted on 3 Aug 2011 by Cadwalader OneWorld International Practice

Circuit Now Silently Divided on Whether Section 1605A Does or Does Not Create Private Right of Action By Louis M. Solomon Roeder, et al. v. Islamic Republic of Iran and the U.S. , No. 10-5355 (D.C. Cir. July 2011) [ enhanced version available... Read More

Seventh Circuit Joins Eleventh and D.C. Circuits in Finding Corporate Liability Available Under the Alient Tort Statute, Splitting with the Second Circuit in Kiobel
Posted on 1 Aug 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Biomah Flomo, et al. v. Firestone Natural Rubber Co. , No. 10-3675 (7th Cir. July 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] , addresses the issue... Read More

Supreme Court Agrees To Resolve Deep Circuit Split and Decide If Alien Tort Statute Permits Actions against Corporations
Posted on 10 Nov 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon We have followed the development of federal Circuit law on whether the Alien Tort Statute, 28 U.S.C. § 1350, and specifically the Torture Victim Protection Act, 28 U.S.C. § 1350 note § 2(a), create rights of action... Read More

Court Dismisses Both “Foreign Cubed” as Well as “Foreign Squared” Securities Claims Based on Morrison
Posted on 20 Sep 2011 by Cadwalader OneWorld International Practice

In the absence of appellate guidance, District Courts continue to apply or expand the ruling of Morrison v. National Australia Bank Ltd. , No. 08-1191 (June 24, 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available... Read More

S.D.N.Y. Upholds Discovery of Non-U.S. Bank Branches, but Only after Hague Convention Procedures Are Utilized
Posted on 15 Aug 2011 by Cadwalader OneWorld International Practice

By: Louis M. Solomon Tiffany (NJ) LLC, et al. v. QI Andrew, et al. , 10 Civ. 9471 (S.D.N.Y. July 2011)(Mag. J. Peck) [ enhanced version available to lexis.com subscribers ], addresses international discovery issues and can serve as a refresher... Read More

Waiver of Privilege and Crime Fraud Exception at Play in International Litigation over Ecuadorian Judgment against Chevron
Posted on 21 Nov 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon The most recent installment in the U.S. proceedings in which Chevron is trying to avoid the $8 billion judgment entered against it in an Ecuadorian court (which we have posted on many times) takes the form of a decision by a... Read More

Deciding Russian Law after Trial, Court Recognizes Corruption and Bribery in Russia as “Ordinary Course of Business and/or Customary Practice in Russia”
Posted on 3 Oct 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon 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... Read More

Choice of Non-U.S. Law Informs Damages Models and Amounts in FSIA Case Against Iran
Posted on 2 Nov 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Oveissi v. Islamic Republic of Iran, et al. , 03-cv-1197 (RCL) (D.D.C. Mar. 2011) [ enhanced version available to lexis.com subscribers ], provides a recent example of how choice of law can inform and in some respects determine... Read More

Reliance on Forum Selection Clause Waived Despite the Absence of Any Specific Federal Rule for Asserting a Forum Clause Pre-Answer
Posted on 29 Aug 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon American International Group Europe S.A. (Italy) (AIGE) v. Franco Vago International, Inc. , 09 Civ. 6525 (S.D.N.Y. Nov. 2010) [ enhanced version available to lexis.com subscribers ], succinctly addresses several issues of international... Read More

UK High Court Upholds Freedom of Contract Over Public Policy Invalidation of “Anti-deprivation” Clauses in Standard Credit Default Swap Contract
Posted on 12 Sep 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon 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... Read More