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International Trade Civil Procedure

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

Tokyo Dispute Resolution and Crisis Management Newsletter - December 2017

by King & Spalding on

Suitability of Arbitration Rules for Construction Disputes - Arbitration continues to be the preferred method of dispute resolution for construction disputes. With many large infrastructure projects being financed,...more

The Yangtze Xing Hua

by Reed Smith on

This was a further appeal, to the Court of Appeal, from an LMAA arbitration award, considering the true construction of the sweep-up provision at sub-clause 8(d) of the Inter-Club Agreement 1996 (“ICA ‘96”); specifically,...more

Second Circuit Denies Rehearing on Decision Barring Testimony Compelled by Foreign Governments

by Latham & Watkins LLP on

Court denies the US government’s petition for rehearing, despite argument the decision will hinder cross-border investigations and prosecutions. Key Points: ..Second Circuit bars government’s reliance on testimony...more

Digital Realty Trust, Inc. v. Somers Oral Argument Recap

As we have previously noted here, in Digital Realty Trust, Inc. v. Somers, the United States Supreme Court will decide how to interpret the term “whistleblower” under the Dodd-Frank Act, and how to apply the term to the Act’s...more

Overseas Affiliate Not Subject to Title VII Jurisdiction

Employment laws and standards of conduct greatly vary from country to country. U.S. employees working overseas for their U.S. employer generally enjoy the same legal protections as if they were working at home. ...more

Court Of Chancery Explains Conspiracy Jurisdiction

by Morris James LLP on

Perry v. Neupert, C.A. 2017-0290-VCL (December 6, 2017) - The conspiracy theory of jurisdiction developed in the Istituto Bancario decision is often misunderstood, for good reasons....more

English Court Confirms Pre-Action Disclosure Is Available Against Parties Outside Its Jurisdiction

by Dechert LLP on

A weapon of value to litigants in England is the ability to seek disclosure of documents from a likely party to litigation before proceedings start. Obtaining such pre-action disclosure can yield crucial information at the...more

SEC Issues $4.1 Million Award to Overseas Whistleblower

On December 5, 2017, the SEC announced a whistleblower award of more than $4.1 million to an overseas former company insider. The SEC declined to disclose the identity of the whistleblower or the company at issue...more

Approval for Super Priority Rescue Financing - What does an applicant need to show a Singapore court? - A case study of Re:...

by Dentons on

For the first time, the Singapore High Court has ruled on whether to grant ‘super priority’ for debts arising from rescue financing under the amended insolvency laws via the Companies (Amendment) Act 2017 (the Act). ‘Super...more

Amendments to Australian Antitrust Regime Take Effect

by Jones Day on

The Situation: Australia has adopted a package of changes to its antitrust laws that are designed to give more power to its antitrust enforcement agency, the Australian Competition and Consumer Commission, and to increase...more

The World In U.S. Courts - Fall 2017

FSIA Does Not Exempt US Bank from Subpoena for Production of Records of Accounts Maintained by Central Bank of Nigeria - The World in U.S. Courts: Fall 2017 - Foreign Sovereign Immunity Act (FSIA)/Political Question Doctrine....more

Court of Appeals Ruling Eases the Way for Shareholders to Bring Derivative Suits Against Cayman Islands Companies in the New York...

On Nov. 20, 2017, the New York Court of Appeals held that in a derivative action brought in a New York court against a company incorporated in the Cayman Islands, the plaintiff need not comply with Rule 12A of the Cayman...more

When Is It Too Late to Amend an ITC Complaint?

by Jones Day on

In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846...more

Business Litigation Report - November 2017

The Un-Crisis Crisis Law and Strategy Group - No Two Situations Are Alike—That’s the Challenge “How fast can you get to…” “Let’s see. I just got back from London. We’ll be there tomorrow.” As our founder John Quinn...more

Ugh (or Ugg?), Another Trademark Dispute

UGG brand boots are a popular fixture on many holiday wish lists, but did you know that the UGG trademark has been the center of a dispute for the past decade? The comfortable sheepskin boots had a long history prior to their...more

Employers Must Conduct Individualised Risk Assessments for Breastfeeding Mothers

by Faegre Baker Daniels on

In Otero Ramos v Servicio Galego de Saude (C-531/15), the European Court of Justice (ECJ) considered the obligation of employers towards breastfeeding mothers. Ms Otero Ramos was a breastfeeding mother employed as an...more

DC Circuit Upholds Validity of Crossing Agreement Between Michigan State Officials and the Government of Canada

On November 21, the U.S. Court of Appeals for the District of Columbia, in Detroit International Bridge Company v. Government of Canada, et al., affirmed the ruling of the U.S. District Court for the District of Columbia that...more

Second Circuit Construes Civil RICO's "Domestic Injury" Requirement

by Jones Day on

The Background: A Chilean plaintiff filed a civil RICO action against a Chilean defendant based on the latter's pattern of misappropriation of the former's assets. The Issue: The defendant sought to dismiss the action...more

Controversy surrounds UAE Resolution relating to arbitrations

by Dentons on

New law fuels concern in the legal community - The UAE has spent years investing in international arbitration and has become a well-known hub for large scale disputes. The country has developed well-respected and renowned...more

European Court of Justice Deals Blow to Commitment Decisions

On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in...more

Preliminary Hurdle for Cayman Derivative Claims Does Not Bar Suit in New York

A shareholder bringing a contested derivative claim in the Cayman Islands must seek leave from the court before proceeding. This litigation prerequisite -- imposed by Rule 12A of the Rules of the Grand Court of the Cayman...more

How to Know Which Jurisdiction’s Employment Laws Reach Border-Crossing Staff: A Comprehensive Guide to International...

by Littler on

For the vast majority of employment relationships around the world,choice-of-law analysis is a non-issue that we rarely ever think about. Obviously (for example), a Paris-resident baker working locally for a French bakery is...more

How Proposed Tax Reform Will Impact Private Equity

by Foley & Lardner LLP on

Both the House of Representatives and the Senate have proposed their own versions of tax reform (the “House Proposal” and “Senate Proposal”, respectively, and together, the “Proposals”) which will drastically change the...more

Court Denies MF Global Holdings’ Bid To Appeal Bankruptcy Court Order Compelling Arbitration

by Carlton Fields on

On October 30, 2017 the Southern District of New York rejected MF Global Holdings’ (“MF Global”) latest attempt to avoid a bankruptcy court order compelling it to submit to arbitration in Bermuda in its coverage dispute with...more

Swiss Court affirms parties’ right to waive set-aside of arbitration award

by Dechert LLP on

In a 17 October 2017 decision with significant implications for arbitration agreements between international parties, the Swiss Supreme Court held that the parties had validly waived their right to challenge an international...more

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