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International Litigation

Mintz - Arbitration, Mediation, ADR...

Arbitration of SEP Disputes—A Growing Trend?

After years of litigating against each other in several jurisdictions around the world, Ericsson and Lenovo announced last week that they had entered into a global cross-licensing agreement involving 4G and 5G wireless...more

Jones Day

EU Anti-SLAPP Directive: Public Participants May Claim Compensation for Strategic Litigation Outside EU

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The European Union's Directive 2024/1069 (the "Directive") aims to protect individuals and organizations engaged in public participation (such as NGOs, journalists and academics) from strategic lawsuits against public...more

DLA Piper

Second Circuit Addresses Interplay Between Foreign Official Immunity and the FSIA

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In Samantar v. Yousuf, the US Supreme Court held that foreign officials, when sued in their individual capacity, are subject to immunity under a similar, but different set of rules that govern lawsuits against foreign states....more

Skadden, Arps, Slate, Meagher & Flom LLP

Impact of Tariffs on Commercial Contracts

Parties confronted by the prospect of new tariffs will need to assess their impact on existing contractual obligations. U.S. law imposes the initial payment of the tariff on the importer of record who brings the good into...more

Skadden, Arps, Slate, Meagher & Flom LLP

Executive Briefing: Latest Updates on Trump Executive Actions

As Trump administration directives emerge, it’s crucial for businesses and other stakeholders to stay informed and adapt their strategies accordingly. We will provide ongoing coverage of these developments and their potential...more

A&O Shearman

When illegal acts don’t drive away your claims

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In Ali v HSF Logistics, the Court of Appeal considered the illegality defence (aka ex turpi causa) that a claimant should not be able to pursue a cause of action arising from its own illegal act. It held that not having a...more

A&O Shearman

Costs order or damages: how should costs of anti-suit and anti-enforcement injunctions be recovered?

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In an unusual approach to cost recovery, Airbus has successfully applied for an order that costs incurred in proceedings before the English courts for final anti-suit and anti-enforcement injunctions be reserved so that it...more

Jones Day

Class Actions Worldview - A Study of Trends Around the Globe: A Compendium Of Jones Day’s Five-part Series Published In 2023 And...

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Class action procedures vary greatly among jurisdictions. These differences include how developed the procedures are; the types of claims parties can bring; the parties that can represent classes; whether classes are...more

Bass, Berry & Sims PLC

International Trade Enforcement Roundup – November 2024

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You are reading the November 2024 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox. -...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America -...

US Case Law Update - US Supreme Court Decides That Courts, Not Arbitrators, Must Resolve Questions Over Conflicting Contracts - In May 2024, the U.S. Supreme Court issued an important ruling on the “gateway” issue of...more

McDermott Will & Emery

Bulletin Concurrence XII - Paris │Avril ● Mai ● Juin ● Juillet ● Aout 2024

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1. CONTENTIEUX - NOUVEAU RISQUE DE REMISE EN CAUSE À POSTERIORI D’OPÉRATIONS NON NOTIFIABLES - Par une décision du 2 mai 2024, l’Autorité de la concurrence (ci-après l’ « Autorité ») a fait pour la première fois...more

Farrell Fritz, P.C.

Think Outside the Jurisdiction: International Discovery is Obtainable with the Assistance of the Commercial Division

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Every commercial litigator is familiar with the burdens at the discovery phase of litigation, whether it is a dispute over production, privilege, or just the sheer volume and cost (both time and money) associated. Be that as...more

Patterson Belknap Webb & Tyler LLP

Don’t Hit Send: Judge Rochon Denies Motion for Alternative Service via Email

On September 24, 2024, District Judge Jennifer L. Rochon (S.D.N.Y) denied Plaintiff Square One Choices, Inc. (“SOC”)’s Motion for Alternative Service because SOC failed to show that the Hague Convention permits service by...more

Jones Day

Class Actions Worldview: A Study of Trends Around the Globe, Part V – Argentina, Brazil, And Taiwan - October 2024

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Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Conyers

Too Radical For A Change? A Summary of Garofalo V Crisp And Ors

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In Garofalo v Crisp and Ors [2024] EWHC 1737 (Ch), the English Court found that a higher evidential threshold should be applied when deciding whether or not to grant an exceptional interim relief for a change of management...more

K&L Gates LLP

UAE Courts Demonstrate Willingness to Enforce Foreign Judgments

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In a recent decision dated 15 August 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 339 of 2023 (Civil) confirmed that a judgment from a foreign court may be enforced in the United Arab Emirates (UAE)...more

Jones Day

D.C. Circuit Allows Challenge to Counsel's Authority to Enforce International Arbitration Award

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The D.C. Circuit has approved a backdoor challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited....more

Orrick, Herrington & Sutcliffe LLP

Depositions in Switzerland: How to Depose a Witness in Switzerland for Litigation in the United States

U.S. lawyers seeking to depose a witness residing in Switzerland for purposes of litigation in the U.S. often seek advice on how to properly do so as a matter of Swiss law and in accordance with the Hague Convention on the...more

Foley Hoag LLP

Supreme Court to Interpret Key Language in the Foreign Sovereign Immunities Act’s Expropriation Exception and Consider the...

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Since 2010, Simon v. Republic of Hungary has ascended and descended the judicial ladder as federal courts have considered how to interpret and apply the “expropriation exception” of the Foreign Sovereign Immunities Act...more

Kilpatrick

Barriers to Overcome to Obtain International Discovery

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International discovery is not as simple as merely issuing process to either obtain documents or testimony. Such discovery must be crucial to the pending action. Normally, the discovery is issued through a letter of request,...more

Foley Hoag LLP

D.C. Circuit Looks to Contract Terms to Determine Whether Breach Outside the United States Has “Direct Effect” Inside the United...

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On July 16, 2024, the U.S. Court of Appeals for the D.C. Circuit dismissed the case Wye Oak Technology, Inc. v. Republic of Iraq and Ministry of Defense of the Republic of Iraq, for lack of subject matter jurisdiction because...more

Mayer Brown

Russia: Investment Protection and Arbitration | Part 4

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PART 4: JURISDICTIONAL BATTLEGROUND IN DISPUTES WITH SANCTIONED RUSSIAN PERSONS  - In a wave of recent decisions, including in proceedings involving a number of Western banks, the Russian courts have disapplied the...more

White & Case LLP

The Republic of Mozambique wins multibillion-dollar corruption case in the English High Court against Lebanese shipbuilding group,...

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Five years since the Republic of Mozambique issued its claim in the English High Court against Privinvest and other participants in one of the largest sovereign corruption scandals of modern memory – the so-called "Tuna Bond"...more

K&L Gates LLP

Another Step Forward for Enforcement of Foreign Court Judgments in the United Arab Emirates

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In a recent decision dated 4 June 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 392 of 2024 held that a summary judgment issued by the Ontario Superior Court of Justice, Canada, recognizing a restitution...more

Cranfill Sumner LLP

No Second Bite at the Arbitration Apple: How the Fourth Circuit Appeals Court Steadfastly Affirms the Recognition & Enforcement of...

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Companies that are successfully expanding their business beyond the United States or aiming to grow their business globally may find that understanding the world of international arbitration can be a valuable tool for...more

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