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2006 International Law Update, Volume 12, Number 5 (May)
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Browse the articles in this issue.
- ANTI-SUIT INJUNCTION
Ninth Circuit enjoins Ecuadorian litigation where it violates U.S. forum selection clause of underlying private contract between private companies, where foreign litigation is vexatious and where injunction would not transgress international comity
- ARBITRATION
Fifth Circuit holds foreign government liable for arbitration award, even though it acted through its subsidiary where government exercised complete control over subsidiary and where it was using subsidiary to perpetrate fraud or injustice
- ATTORNEY AND CLIENT
Alberta Court of Appeal rules that attorney who had fiduciary duties to multiple parties in setting up ostrich farm with birds from U.S. had committed malpractice when he entered into transactions for some clients without notifying all others
- CHOICE OF LAW
Applying choice-of-law principles of Restatement Second and governmental interest analysis in admiralty contract case, Eleventh Circuit rules that district court erred in applying United States law rather than law of Greece
- FORUM NON CONVENIENS
Second Circuit reverses dismissal of property dispute for trial in Egypt on grounds of forum non conveniens and international comity holding that modest involvement of foreign law does not warrant dismissal where Canadian plaintiffs’ choice of U.S. forum is substantially justifiable
- SOVEREIGN IMMUNITY
In New York City’s suit to collect local property taxes on non-diplomatic portions of realty owned by U.N. missions of India and Mongolia, Second Circuit rules that liability to pay such taxes falls within real property exception to Foreign Sovereign Immunities Act
- TAXATION
In English suit by U.S. parent corporations of UK companies seeking restitution for discriminatory collection of Advance Corporation Tax, Court of Appeal (Civil Division) (1) dismisses appeals under UK law because anti-discrimination provision of US/UK Double Taxation Convention never became internal law of UK and (2) rules that it should refer questions of EU law under Articles 56 and 57 to European Court of Justice unless case goes before House of Lords
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