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Browse the articles in this issue.

• ARBITRATION
  Third Circuit, in deciding whether to enforce arbitral award while appeal is pending in South African High Court, affirms dismissal without prejudice based on New York Arbitration Convention ruling; holds, as matter of first impression, that proper standard of review for deferring to foreign annulment proceedings under Article VI is “abuse of discretion”
• ATTORNEY-CLIENT PRIVILEGE
  Supreme Court of Canada affirms removal of counsel for plaintiff who failed to protect defendant’s attorney-client privilege in papers seized during court-ordered civil search
• COMPETITION
  On appeal from fines imposed for engaging in worldwide cartel in graphite electrodes in violation of EC competition laws, European Court of Justice holds, inter alia, that principle of non bis in idem does not require EC tribunals to factor into their fines those imposed by non-member states for same anticompetitive conduct within their territories
• CONTRACTS
  On appeal of pretrial rulings in English suit by licensor of “Jerry Springer” TV shows that seeks to prevent licensee from dissolving their contract based on alleged decline in acceptability of recent shows, English Court of Appeal, applying Dutch law, affirms trial judge’s interpretation of key contract language which requires similarity of content to 1998 shows
• SOVEREIGN IMMUNITY
  Fourth Circuit affirms denial of Republic of Sudan’s motion to dismiss case brought by families of sailors killed in bombing of U.S.S. Cole on grounds that “terrorist exception” of Foreign Sovereign Immunities Act conferred subject matter jurisdiction
• SOVEREIGN IMMUNITY
  Fifth Circuit reverses turnover order issued against Republic of Congo holding that Congo did not implicitly waive FSIA immunity and did not fall under “commercial activity” exception
• WORLD TRADE ORGANIZATION
  WTO Appellate Body issues compliance report for U.S.-Canada lumber dispute, finding that U.S. still has not fully implemented WTO trading requirements
• IN BRIEF
  EU approves updated Antigua Fisheries Convention. On August 16, 2006, the European Union approved the Convention for the Strengthening of the Inter-American Tropical Tuna Commission [1 U.S.T. 230; T.I.A.S. 2044; 80 U.N.T.S. 3] established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention). The member states had adopted the revised Antigua Convention at the June 2003 meeting of the Inter-American Tropical Tuna Commission (IATTC), and they intend it to replace the 1949 Convention with enhanced measures. The stated objective of the Antigua Convention is to ensure the long-term conservation and sustainable use of the fish stocks in specified areas of the Pacific Ocean (see Articles II & III). Citation: Council Decision 2006/539/EC, 2006 O.J. of the European Union (L 224) 22, 16 August 2006. (Convention is reprinted in Official Journal following this Decision).
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