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2004 International Law Update, Volume 10, Number 3 (March)
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Browse the articles in this issue.
- ANTI-SUIT INJUNCTIONS
In litigation related to Enron collapse, English Court of Appeal, Civil Division, upholds refusal of first instance court to enjoin defendant from pursuing its suit in New York to decision on merits of claims that mirror issues in English case by rejecting plaintiff’s claims that filing U.S. action was breach of contract as well as vexatious and oppressive
- ANTI-SUIT INJUNCTIONS
In securities fraud case against Belgian auditor, First Circuit adopts “conservative” approach of Second, Third, Sixth and D.C. Circuits and upholds injunction against Belgian defendant from pursuing home court action to penalize U.S. document discovery
- ARBITRATION
As matter of first impression, Second Circuit overturns lower court’s failure to confirm Swedish arbitral award against sovereign nation (here Russian Federation) where Russian Government, one of sovereign’s political organs, was party to arbitration
- JURISDICTION (PERSONAL)
Eighth Circuit reverses jurisdictional dismissal for lack of minimum contacts between French airplane manufacturer’s contacts and Arkansas since its substantial dealings through its local affiliate made personal jurisdiction proper
- THE REVENUE RULE
In multiple RICO actions for damages and injunctive relief filed by European Union and Colombian departments against major tobacco producers for conspiring to smuggle cigarettes into plaintiffs’ territories, Second Circuit holds that common-law “revenue rule” bars lawsuits that directly or indirectly aid plaintiffs to enforce their tax laws
- SOVEREIGN IMMUNITY
In sexual harassment action by Japanese civil servant against Governor and Municipal Government of Tokyo, Second Circuit rules that defendants are immune from suit even though their U.S. activities promote commercial interests of Japanese companies and their products
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