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2006 International Law Update, Volume 12, Number 10 (October)
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Browse the articles in this issue.
- ARBITRATION
Third Circuit, in U.S. litigation over staging of California art exhibit, affirms enforcement of Swiss arbitration awards under Arbitration Convention
- CHOICE OF LAW
In negligence action filed in English court over accident in which Plaintiff passenger was left quadriplegic when Respondent driver lost control of car on Australian track, House of Lords applies English law on quantum of damages as procedural matter rather than Australian law which sets cap on non-economic damages and higher discount rate
- COMPETITION
In Article 234 reference from Belgian court of suit by one supermarket against another over its allegedly faulty comparison advertising, European Court of Justice rules that EU law does not ban such advertising as long as it can be verified by customers who wish to examine claims
- EXTRADITION
In international extradition matter, Third Circuit affirms denial of habeas corpus petition which argued invalidity of treaty and risk of torture or death and defers to Secretary of State for final decision on extradition order sought by Albanian Government
- FORUM NON CONVENIENS
In subrogated Canadian suit by U.S. and Liberian shippers against U. K. and other foreign ocean carriers over lost cargo, Canadian Federal Court of Appeal rules that applicable Canadian statute favoring shippers did not require litigation in Canada and that balance of convenience pointed to litigation in English courts
- INTERNATIONAL COMITY
New York Supreme Court (Appellate Division) reverses trial court’s refusal to enforce orders of Mexican court staying enforcement of letter of credit between two Mexican banking institutions, holding that New York courts are not required to extend international comity to foreign court orders which are neither final nor on merits
- INTERNATIONAL TRADE
Federal Circuit reviews appeal from U.S. Court of International Trade, which held that improper customs’ procedure had been followed in reclassification of Plaintiff’s imported product, but dismisses appeal for lack of jurisdiction
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