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2004 International Law Update, Volume 10, Number 12 (December)
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Browse the articles in this issue.
- ANTI-SUIT INJUNCTIONS
Second Circuit affirms denial of injunction against prosecution of lawsuit in Mexico where substance of foreign action turned on issue of Mexican law having to do with standing to arbitrate
- ARBITRATION
In reviewing provisions of New York Arbitration Convention and Federal Arbitration Act relating to judicial confirmations of arbitral awards, Second Circuit concludes that, in Convention cases, 9 U.S.C. Section 207 preempts FAA Section 9's “consent-to-confirmation” requirement so that U.S. courts may confirm foreign arbitral awards even if arbitration agreement does not specifically say so
- CRIMINAL LAW
Seventh Circuit dismisses Nigerian defendant’s appeal from district court’s refusal of downward departure at sentencing because lower court had discretion to decide whether likelihood of additional imprisonment in Nigeria for having U.S. drug conviction warrants such downward departure
- FORUM NON CONVENIENS
In English defamation action brought against well-known boxing promoter by New York attorney, English Court of Appeal (Civil Division) rules that lower court had not abused its discretion in deciding that, under circumstances, England was appropriate forum for trial rather than New York
- FREEDOM OF INFORMATION ACT
In law professor’s appeal of FOIA suit to compel Central Intelligence Agency to disclose their files about him, Seventh Circuit discusses exemptions dealing with intelligence disclosure and confirms that CIA is not obligated to disclose files under Freedom of Information Act and Privacy Act
- INSURANCE
Ontario Court of Appeal rules that, as distinguished from duty to indemnify, duty of Canadian insurer to defend insured in U.S. trademark litigation against insured turns primarily on allegations in plaintiff’s U.S. complaint rather than on its underlying facts
- SOVEREIGN IMMUNITY
D.C. Circuit finds that plaintiffs in tort action against Libya for its support of terrorism presented enough evidence to warrant invocation of terrorism exception in Foreign Sovereign Immunities Act
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