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Browse the articles in this issue.

• ANTI SUIT INJUNCTION
  In dispute over contamination of oil shipment, Second Circuit holds that other instruments may incorporate arbitration clauses by reference and that lower court had properly issued anti suit injunction against parallel Nigerian litigation under China Trade test
• CUSTOMS (EUROPEAN UNION)
  In answering question of EC customs law referred to European Court of Justice by Dutch court, ECJ responds that value of free operating systems software added to imported Compaq computers has to be included in transaction value of said computers for Customs purposes
• EUROPEAN UNION
  European Court of Justice rules that decision of EC Commission to file civil actions against U.S. tobacco companies in U.S. federal court did not alter legal rights of companies and thus was not subject to their action to annul under Article 230EC
• EXTRADITION
  In murder case, Ninth Circuit overturns California courts’ fifteen years to life sentence on extraditee from Venezuela where its extradition decree was conditioned on sentencing for term other than for life
• FORUM SELECTION CLAUSES
  On application by U.S. defendant for change of forum, English Commercial Court rules that neither risk of parallel U.S. proceedings nor takeover of English plaintiff by U.S. corporation required English court to decline to enforce freely bargained for clause selecting English forum for contract litigation
• JURISDICTION (NAFTA)
  Ontario Court of Appeal dismisses appeal of Union challenging constitutionality of NAFTA arbitration tribunals set up to resolve investors disputes since they deal only with issues arising between parties to nafta and have not been incorporated into Canadian domestic law
• POLITICAL QUESTION
  District of Columbia Circuit holds it lacks appellate jurisdiction under “collateral offshoot” principle to review denial of Exxon’s motion to dismiss based on Political Question doctrine in case where Indonesian villagers have accused Exxon of crimes and torts committed by its security forces in Indonesia
• SOVEREIGN IMMUNITY
  In FSIA appeal, Second Circuit finds that Plaintiffs cannot attach assets of Argentine Central Bank to satisfy debt obligations of the Republic of Argentina despite Argentina’s general control over Central Bank
• TAXATION (FEDERAL)
  Seventh Circuit holds that, at least for federal tax purposes, Antarctica is not “foreign country” since it does not fall under recognized sovereignty of any national state
• TORTS
  In suit by owner/painter of valuable painting to prevent Defendant from asserting ownership of that painting, German Federal Supreme Court upholds judgment for Plaintiff