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   2007 International Law Update, Volume 13, Number 8 (August)

Browse the articles in this issue.




  • ACT OF STATE
    D.C. Circuit finds that Central Bank of Brazil is “a person” other than Brazilian state for tax purposes where Bank “stood in” for ultimate beneficiaries of loan made by U.S. Company, thus removing need to apply Act of State doctrine
  • ANTI SUIT INJUNCTION
    Ninth Circuit holds that considerations of “international comity” do not require U.S. court to submit to English court’s injunction against proceeding, where content of forum selection clause is disputed and Plaintiff filed case in U.S. Court prior to Defendant’s filing in English Court that issued injunction
  • ARBITRATION
    Seventh Circuit rules that, in absence of choice of law provision in arbitration agreement, court will apply federal common law rule under New York Arbitration Convention to agreed time limits for demanding arbitration
  • DEFENSE TREATIES
    In action by Chagos Islanders in British Indian Ocean Territory challenging their expulsion from their homeland, English Court of Appeal, Civil Division holds that English government exceeded its constitutional and statutory powers in exiling islanders to make way for United States military base
  • ECONOMIC SANCTIONS
    Second Circuit holds that fine assessed against U.S. Citizen for her travel to Iraq in violation of Iraqi Sanctions Act did not infringe her free speech rights or deny her due process
  • EUROPEAN UNION (EXTERNAL AFFAIRS)
    European Court of Justice rules that, in making side arrangements with United States on air fares and computerized reservation systems, Netherlands acted in area of external relations reserved to EU itself
  • VENUE
    Fifth Circuit finds English forum selection clause in agreement with shipping contractor enforceable not withstanding Defendants’ intention to appear as claimants in U.S. jurisdiction
  • SOVEREIGN IMMUNITY
    Sixth Circuit holds that U.S. courts do not have jurisdiction under “commercial activity exception” of Foreign Sovereign Immunities Act where Republic of Lebanon disqualified U.S. Company from bidding on contract with Lebanon and performance of contract was to be completed in Lebanon





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