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Foreign Jurisdictions International Litigation

Australian Court Approves Use of U.S. 28 USC § 1782

by Jones Day on

For the first time, the Federal Court of Australia has allowed the applicants in an Australian proceeding to make applications for orders under 28 USC § 1782. In Lavecky v Visa Inc [2017] FCA 454 ("Lavecky"), the applicants...more

Singapore, Delaware, and New York Courts Adopt Cross-Border Insolvency Cooperation Guidelines

by Jones Day on

The Action: Courts in Singapore and the states of New York and Delaware have formally implemented Guidelines for Communication and Cooperation between Courts in Cross-border Insolvency Matters....more

Dueling Forums: New York Court Rejects Australian Court’s Effort to Disregard New York Forum Selection Clause

A producer and a distributor entered into an agreement to sell shoes in Australia. The contract contained broad New York choice of law and venue provisions. When relations soured, the distributor brought suit in an...more

NC Business Court Refuses To Enjoin Similar British Lawsuit

by Brooks Pierce on

It's possible to get an NC state court to enjoin a party from pursuing parallel litigation in another American state. But what about enjoining a party before an NC court from pursuing a parallel case in another country?...more

28 U.S.C. § 1782: A Powerful Tool in Global Disputes

by Fenwick & West LLP on

As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities for use in those foreign proceedings. Specifically, §...more

Is This the End for Global Classes? Foreign Class Claimants and the Real and Substantial Connection Test

by Bennett Jones LLP on

On August 26, 2015, Justice Leitch held that the Ontario court does not have jurisdiction over foreign class members in Airia Brands Inc v Air Canada. Counsel on both sides of the class action bar should take note. For...more

Federal Circuit Review | August 2015

by Knobbe Martens on

Online Banking Patents Based On “Abstract Ideas” Held Patent Ineligible Under Alice - In Intellectual Ventures I LLC v. Capital One Bank (USA), NA, Appeal No. 2014-1506, the Federal Circuit held that claims directed to...more

Supreme Court Issues Judicial Interpretation to Define Foreign-Related Civil Relationships

The People’s Supreme Court issued a Judicial Interpretation on December 28, 2012, made effective on January 7, 2013, regarding the application of the Law of the People's Republic of China on Application of Laws to...more

Arbitration World - December 2012

by K&L Gates LLP on

From the Editors - Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic...more

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