Browse the archives

Browse the articles in this issue.

• ANTI SUIT INJUNCTIONS
  In U.K. litigation between anonymous U.S. insured and U.K. insurer, Court of Appeal (Civil Division) rules that parties’ agreement to arbitrate in London signified applicability of English rather than U.S. law thus warranting an English injunction against insurer’s plans to bring suit in U.S. courts in order to invoke more favorable U.S. law in attacking arbitrators’ partial award
• AVIATION (INTERNATIONAL)
  In case involving airplane crash in Ghana, District of Columbia Circuit finds that airplane passenger’s subjective belief that travel was international is not enough to make Warsaw Convention applicable to domestic flight merely because Plaintiffs intended to take separable international flight to U.S.
• CHILD ABDUCTION
  Applying Hague Convention on Child Abduction, Ontario Court of Appeal deferred to U.S. federal courts’ ruling to allow teenager just under sixteen who expressed mature and reasonable basis for remaining with his father in Oklahoma rather than return to his mother who lived in Canada, his former habitual residence, at least until U.S. courts have resolved effect of Oklahoma custody order and that of Sri Lankan court
• MARITIME LAW
  In maritime action by car maker against marine transport company for cargo damage, Sixth Circuit rules that, when court has to choose between applying U.S. Carriage of Goods by Sea Act (COGSA) or international Hague Visby Rules because both foreign and U.S. ports are involved, it should do so intermodally rather than apply COGSA and Hague Visby standards separately
• SOVEREIGN IMMUNITY
  In appeal of lawsuit against retired Israeli General by victims of battles between Hezbollah and Israel, District of Columbia Circuit finds (1) that lower court lacked jurisdiction under Foreign Sovereign Immunities Act because General was acting in his official governmental capacity, and (2) that Plaintiffs contention that such official loses immunity once he or she leaves office, or violates jus cogens norms lacked merit
• VIENNA CONVENTION
  On appeal by two foreign citizens convicted of drug offenses, Germany’s Highest Court hold that failure to promptly inform Defendant’s of their rights to notify its diplomatic officials under Vienna Convention does not require suppression of incriminating statements made during delay