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2004 International Law Update, Volume 10, Number 5 (May)
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Browse the articles in this issue.
- ARBITRATION
In case where worker was injured while working on ship, Fifth Circuit dismisses appeal for lack of appellate jurisdiction to review district court’s discussion of international arbitration law; dissenter opines that arbitration agreement at issue satisfies “low bar” inquiry that Congress intended courts to apply when determining whether arbitration agreements fall under Convention on Foreign Arbitral Awards
- DEFAMATION
In divided vote, House of Lords reverses Court of Appeal and reinstates damage award to celebrity U.S. model about whom London newspaper had published photographs and stories detailing her confidential treatments at Narcotics Anonymous
- EUROPEAN UNION
European Court of Justice rules that agreement between the EC Commission and United States officials known as Guidelines on Regulatory Cooperation and Transparency was valid in that it did not intend to create any binding international obligations without conforming to Article 300 EC
- GARNISHMENT
In garnishment litigation where Securities and Exchange Commission was one of parties, British Columbia Court of Appeal applies equitable principles to dismiss appeal from order setting aside garnishment against bank which (unknown to court) lay under freeze order plus taking into account failure of claimant’s attorney to inform court of material matters
- TAXATION
In matter of first impression, U.S. Tax Court reviews the “check-the-box” regulations in the context of foreign companies
- TERRORISM
Fourth Circuit considers issue of first impression as to defendant’s access to witnesses held by U.S. Government abroad in prosecution of Zacarias Moussaoui, an alleged co-conspirator of the September 11, 2001, terrorist attacks
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