International Litigation

News & Analysis as of

U.S. Court’s Power to Compel Compliance with U.S. Discovery Arises Only with Jurisdiction (Ohio)

Lunkenheimer Co. v. Tyco Flow Control Pacific Party Ltd., 2015 WL 631045 (S.D. Ohio Feb. 12, 2015). In this international civil case, an intervenor/counter-defendant sought to compel compliance with a discovery order for...more

DIFC gains momentum towards implementation of a mechanism to permit conversion of DIFC court judgments into arbitral awards

The Dubai International Financial Centre (DIFC) is a separate and distinct jurisdiction established within the UAE in 2004 as a financial free zone, in which the civil and commercial laws of the UAE are disapplied. The DIFC...more

Letter From America: Internal investigations – a stark reminder of the dangers of failing to implement strict protocols from the...

A recent ruling in long-running civil litigation against the Bank of China (“BOC”) in the United States District Court for the Southern District of New York provides a stark reminder of the dangers of failing to develop and...more

Australia: Sauber Motorsports’ failed legal challenge sees driver Giedo van der Garde racing in Formula 1

On Monday 9 March 2015, F1 team Sauber launched a legal challenge in the Victorian Supreme Court to a previous decision by a Swiss arbitration court. The previous decision ruled that Sauber must uphold its contractual...more

OSC Affirms Breadth of Inter-Jurisdictional Enforcement Power, Limits on Sanctions in Conrad Black Case

The recent decision in Re Conrad M. Black et al. illustrates how the Ontario Securities Commission (OSC) will use its inter-jurisdictional enforcement authority to impose sanctions relating to conduct in other jurisdictions...more

Recent Cases Are Likely to Reduce the Use of New York Courts for 'Turnover' Actions"

New York's position as a global financial center means litigants often have sought to use New York courts as a forum to enforce judgments or arbitration awards against foreign entities. In reality, the burden of enforcement...more

Depositions in Suwon, South Korea

When taking depositions in South Korea, naturally, one might think of Seoul first. Why not? It is the capital of the Republic of Korea. It’s the most populous city in the entire Korean Peninsula with nearly ten million...more

Litigation in Japan

Each year, many American companies become involved in litigation in Japan and find the legal system to be very different from what they expected. This article explains some of the major differences between the U.S. and...more

The Long Arm of E-Discovery Stretches Overseas

Earlier this year, Kazuaki Fujitani, the general manager of a Japanese company’s sales division, pled guilty to obstruction of justice for destroying numerous e-mails and other documents in a federal investigation by the...more

Limitations On Federal Court Jurisdiction: The Complexities Of Complete Diversity When Foreign Parties Are Involved And FSIA...

In the context of transnational litigation, diversity jurisdiction in a U.S. federal court can be difficult to demonstrate. This is because the typical parties in transnational litigation may include U.S. citizens, U.S....more

Tax Information Exchange Litigation in Offshore Jurisdictions

There have been a number of decisions published recently by the courts in various international financial centres such as Bermuda, the Cayman Islands, Jersey and Singapore, that have considered the meaning and effect of...more

SDNY Rejects SEC’s Proposed Alternative Service For Two Chinese Nationals

On January 30, the U.S. District Court for the Southern District of New York denied the SEC’s motion for an order authorizing alternative means of service for two Chinese nationals residing in the People’s Republic of China....more

"US Supreme Court Further Limits Jurisdictional Reach of the US Courts Over Foreign Torts"

The U.S. Supreme Court began 2014 by issuing a decision limiting the ability of plaintiffs to assert tort claims against foreign corporations in the U.S. courts based on events occurring outside the United States. In Daimler...more

14 Global Workplace Trends For 2014 (Infographic)

With January in full swing and your first new year’s resolution already broken, here’s one goal you can keep: stay abreast of developments to get ahead of the curve, beginning with the top 14 trends impacting multinational...more

14 Global Workplace Trends for 2014

With January in full swing and your first new year’s resolution already broken, here’s one goal you can keep: stay abreast of developments to get ahead of the curve, beginning with the top 14 trends impacting multinational...more

Successful Strategies For Doing Business In Asia: Korea

1. What role does the government of Korea play in approving and regulating foreign direct investment? The Korean government takes an active, investor-friendly role in approving and regulating foreign direct investment....more

Creation of International Commercial Arbitration (ICA) Subsection

In an Administrative Order dated December 3, 2013, the Chief Administrative Judge of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Honorable Bertila Soto, announced the creation of an International...more

Fourth Circuit Affirms Application of Section 365(n) to Ensure Patent Licensees Sufficiently Protected in Granting Relief to...

The Court of Appeals for the Fourth Circuit, in Jaffe v. Samsung Elecs. Co., Ltd., recently held that a U.S. bankruptcy court is not required under principles of comity to blindly apply foreign law to assets located in the...more

More on Choice of Law Provisions in International Contracts

I would like to build on the previous posts of my colleagues Vicky Saxon and Dave Reed regarding choice of law and, in particular, choice of New York law. Desperate for a blog topic? Perhaps....more

New York May Be Your Best Bet When Choosing the Governing Law and Forum for Your Cross-Border Contract

A blog entry by my colleague David Reed spoke of the importance of choice of law and forum provisions in international contracts and suggested generally factors that might influence the choice of law and forum. The purpose of...more

Overlooking Choice of Law and Forum Provisions in Your International Contract is Like Playing the Lottery

Any contract between parties in different countries such as the United States and Canada heightens the risk of a conflict between different laws and court systems when resolving a contract dispute. It’s possible that the laws...more

Guide for International Counsel: US Pre-Trial Discovery in Europe - July 2013 (Version 1)

Globalization and international trade bring European corporations and affiliates into contact with US markets. This may lead to US litigation, which differs significantly from litigation in most other countries of the world....more

Policy’s Forum Selection Clause Found Binding on Assignee of Insured

In Kostelac v. Allianz Global Corporate & Specialty AG, 2013 WL 1668245 (11th Cir. Apr. 17, 2013) (unpub.), the 11th Circuit Court of Appeals addressed the application of the forum non conveniens doctrine to a coverage...more

6 Ways to do Business Overseas While Reducing the Perils of Future Litigation

As an executive or in-house counsel, your work likely reaches across the globe. 90% of companies in the United States are involved in litigation—much of it international. American companies have increased overseas...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

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