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   2004 International Law Update, Volume 10, Number 6 (June)

Browse the articles in this issue.




  • ANTI-SUIT INJUNCTIONS
    Second Circuit affirms anti-suit injunction against plaintiff in Brazilian litigation where its agreement with U.S. defendant provides for arbitration of dispute and U.S. court has already decided dispute’s arbitrability
  • COMPETITION
    In class action suit by vitamin buyers against vitamin distributors, U.S. Supreme Court holds that Sherman Act does not reach foreign antitrust activity occurring within and outside United States that causes injury to foreign customer where that injury is independent of any injury to domestic customer
  • JUDICIAL ASSISTANCE (EVIDENCE)
    In competition complaint matter before EC Commission, U.S. Supreme Court holds that target of complaint is “interested person” under 28 U.S.C. Section 1782 on international judicial assistance and that Congress did not intend to impose foreign-discoverability limitation as bar to obtaining documents in records of federal court where target was litigant
  • JURISDICTION (DIVERSITY)
    In suit by partnership with Mexican citizen members at time of filing against Mexican corporation, narrow majority of U.S. Supreme Court holds that postverdict discovery of missing diversity at filing was not cured by withdrawal of Mexicans from partnership before trial
  • REVENUE RULE
    In suit against Vanuatu bank and others, Australian Court of Appeal rules that suit by U.S. court-appointed receiver of company which banked in Australia proceeds from defrauded American credit-card holders was not enforcing foreign penal statute in seeking such proceeds since Federal Trade Commission Act authorizes Commission to have receivers appointed to collect ill-gotten gains for return to victims
  • SOVEREIGN IMMUNITY
    In federal litigation with Austrian museum over rights to six Gustav Klimt paintings originally owned by Jewish family in Austria, U.S. Supreme Court rules that jurisdiction under Foreign Sovereign Immunities Act (FSIA) can extend to contemporary litigation over conduct that took place long before its enactment in 1976
  • SOVEREIGN IMMUNITY
    In breach of oil-drilling contract case, D.C. Circuit rules that Republic of Congo had waived its FSIA immunity by signing contract with private company that contained waiver clause





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