Browse the archives

Browse the articles in this issue.

• ANTI-SUIT INJUNCTIONS
  English Court of Appeal (Civil Division) sees no abuse of discretion in lower court’s refusal to stay or dismiss English proceedings over parties’ rights to make particular antibiotic in deference to previously filed United States lawsuit against same defendants which plaintiff contended would more appropriately decide same issues
• CHOICE OF LAW
  In deciding whether to enforce $4.2 billion judgment against various Turkish parties, Second Circuit concludes that Swiss law applies and that it does not allow defendants who had not signed loan contracts to invoke their arbitration clauses
• FORUM NON CONVENIENS
  In case brought in New York federal court by documentary film maker resident therein against BBC of London, Second Circuit concludes that factors suggesting application of forum non conveniens doctrine failed to outweigh deference owed to plaintiff’s choice of her home forum
• FORUM NON CONVENIENS
  British Columbia Court of Appeal reverses trial court’s ruling that, in light of dispute’s many links to United States, it lacked jurisdiction over civil fraud action but does not disturb its discretionary balancing of factors that pointed to New York as most convenient forum
• IMMUNITY FROM SUIT (HEADS OF STATE AND DIPLOMATS)
  Where plaintiffs had served process upon Zimbabwe’s President and Foreign Minister during their visit to United Nations headquarters, Second Circuit upholds their immunity from suit and rules that government representatives cannot be served as agents for defendant political party under U.N. and Vienna Conventions
• TERRORIST VICTIMS PROTECTION ACT
  In case involving attempts to collect two distinct default judgments against Iran, Ninth Circuit rules that one plaintiff had waived right to punitive damages under Terrorist Victims Protection Act but that arbitration awards of International Chamber of Commerce obtained by second plaintiff against one of Iran’s military suppliers should be upheld