Justia International Law Opinion Summaries

Petitioner appealed from a district court judgment denying his petition for writ of habeas corpus in connection with an extradition proceeding. Petitioner argued that the text of the relevant extradition treaty and its legislative history indicate that whether extradition is time-barred is a question for the extradition court, which cannot issue a certificate of extraditability if extradition is so barred.   The Second Circuit affirmed, concluding that the most natural reading of the relevant extradition treaty’s text is that the issue of timeliness is a matter for the relevant executive authority to decide in its discretion, not a question for the extradition court to decide as a matter of law. The court explained that based on the customary meaning of the word “may” and its particular use in Article 6 of the Treaty; the Senate Report’s Technical Analysis, the most authoritative item of legislative history cited by either party to this case; and the government’s consistent position as to the meaning of the provision, the court held that the plain meaning of the word “may” in that provision is discretionary, and not mandatory, in nature.   The court further explained that because Article 6‘s Lapse of Time provision is discretionary, the decision whether to deny extradition on the basis that the Requested State’s relevant statute of limitations would have barred prosecution had the relevant offense been committed within that State’s jurisdiction is a decision consigned to that State’s relevant executive authority, and is not a mandatory determination to be made by a federal court before issuing a certificate of extraditability. View "Yoo v. United States" on Justia Law

Técnicas Reunidas de Talara S.A.C., a Peruvian corporation, subcontracted with SSK Ingeniería y Construcción S.A.C., another Peruvian corporation, to provide electromechanical work on the refinery project. In response to a contract dispute, the arbitral panel issued a $40 million award to SSK. During the arbitration, two of Técnicas's attorneys withdrew and joined the opposing party’s law firm. More than a month later Técnicas objected in the International Court of Arbitration to alleged conflicts of interest held by the arbitrators, but its objection made no mention of the attorney side switching.   The district court agreed with Técnicas that a public policy against attorney side-switching exists in the United States but concluded that the public policy was not contravened in this case because there was no actual prejudice and Técnicas waived its objection. At issue on appeal concerns whether a party to an international arbitration can obtain a vacatur of an adverse arbitral award because two of its attorneys withdrew and joined the opposing party’s law firm during the arbitral proceedings.     The Eleventh Circuit affirmed the judgment. The court explained that Técnicas waived its right to complain. The court explained thatTécnicas, the losing party in the arbitration, had knowledge of the attorney side-switching but did not object until Técnicas received an adverse award more than a year later, The court wrote that its conclusion is consistent with the well-settled principle “that a party may not sit idle through an arbitration procedure and then collaterally attack that procedure on grounds not raised . . . when the result turns out to be adverse.” View "Tecnicas Reunidas De Talara S.A.C. v. SSK Ingenieria Y Construccion S.A.C." on Justia Law

Plaintiffs sued the Revolutionary Armed Forces of Colombia (the Fuerzas Armadas Revolucionarias de Colombia or FARC) and related parties under the Anti-Terrorism Act, 18 U.S.C. Section 2333. They based their claims on the FARC’s commission of offenses like kidnapping and murder in Colombia.   Plaintiffs obtained a default judgment against Defendants and based on their submissions the district court awarded them significant damages. After obtaining that judgment, Plaintiffs sought to attach the assets of third parties blocked by the Office of Foreign Assets Control. The final judgment entered by the clerk described the monetary awards to each of the plaintiffs (including the trebled portions) as “compensatory damages.”   Plaintiffs instituted garnishment proceedings in district court to attach the assets of Defendant and several limited liability companies he owns or controls. Plaintiffs filed a motion, in this case, asking the district court to amend the final judgment by removing the references to “compensatory damages.” They argued that the clerk of court erred in characterizing the trebled amounts of the awards as “compensatory damages” when the court itself had not described them in that way.   The district court denied the Rule 60(a) motion in a written order. The Eleventh Circuit affirmed the district court’s denial. The court explained that Rule 60(a) provides that a court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other parts of the record. Here, the court saw no abuse of discretion (or clear error) when the district court found that the intent was for the entire $318 million to be deemed compensatory. View "Keith Stansell, et al v. Samark Jose Lopez Bello, et al" on Justia Law

Plaintiff-Appellee Preble-Rish Haiti, S.A. filed this case pursuant to Rule B of the Supplemental Rules for Admiralty or Maritime Claims in the Federal Rules of Civil Procedure. It sought to attach assets to secure a partial final arbitration award against the Republic of Haiti and the Bureau de Monétisation de Programmes d’Aide au Developpement (BMPAD). Garnishee BB Energy USA, L.L.C.(BB Energy) admitted to holding credits belonging to BMPAD located in the Southern District of Texas.   Although BB Energy raised BMPAD’s sovereign immunity from prejudgment attachment again, the district court stated it had already decided that issue and cited its August 10, 2021 order. BB Energy appealed the January 4, 2022 order pursuant to the collateral order doctrine   The Fifth Circuit reversed the district court’s ruling and vacated the writ of attachment. The court explained that to satisfy Section 1610(d), an explicit waiver of immunity from prejudgment attachment must be express, clear, and unambiguous. Anything short of that is insufficient. Here, because there is no such explicit waiver in the contract or elsewhere, the district court erred in concluding BMPAD waived its sovereign immunity from prejudgment attachment. View "Preble-Rish Haiti, S.A. v. BB Energy USA" on Justia Law

The photographer Christian Zervos created the Zervos Catalogue of the works of Pablo Picasso, which was originally published under the label of Cahiers d’Art. In 1979, Sicre de Fontbrune acquired the rights for the business capital of Cahiers d’Art. Alan Wofsy and Alan Wofsy & Associates (collectively “Wofsy”) produced a series of books, titled “The Picasso Project,” that contained reproductions of photographs from the Zervos Catalogue.   The French judgment found that Wofsy had violated an astreinte – a French legal device that imposed money damages for the continued use of copyrighted photographs of Pablo Picasso’s works. Sicre de Fontbrune had obtained hat astreintre as a form of relief in a 2001 French judgment finding that the photographs’ copyrights were infringed. The district court granted summary judgment for Wofsy based on a defense to recognition under California’s Uniform Foreign-Country Money Judgment Recognition Act, Cal. Civ. Proc. Code Sections 1713-1725, namely, the defense that the French judgment was repugnant to United States public policy protecting free expression.   The Ninth Circuit reversed the district court’s summary judgment entered for Defendants. The court held that in international diversity cases, such as this one, the enforceability of foreign judgments is generally governed by the law of the state in which enforcement is sought; and the California Recognition Act governed. Further, the court held that Wofsy was not entitled to summary judgment based on the public policy defense. No other ground for nonrecognition at issue in this appeal supplied an alternative basis for affirming the judgment. View "VINCENT DE FONTBRUNE V. ALAN WOFSY" on Justia Law

Esso Exploration and Production Nigeria Limited, (“Esso”) the Nigerian subsidiary of an international oil corporation, asked federal courts in the United States to enforce an arbitral award of $1.8 billion, plus interest, against the Nigerian National Petroleum Corporation (“NNPC”) that Nigerian courts have partially set aside. Courts in Nigeria previously set aside the Award in part. Nonetheless, Esso seeks enforcement of the entire Award under the New York Convention. NNPC urges dismissal of Esso’s suit for lack of personal jurisdiction and on the basis of forum non-conveniens, and it opposes the petition for enforcement on the merits.   The Second Circuit determined affirmed the district court’s rulings because its factual determinations were meticulous and its legal conclusions sound. The court held that NNPC has standing on cross-appeal to challenge the denial of its motion to dismiss, even though the district court ruled in its favor on the merits. NNPC has such standing because our partial vacatur on the merits revives the action against it, and it may face an adverse ruling on remand. On considering NNPC’s challenges to the district court’s denial of its motion to dismiss for want of personal jurisdiction and forum non-conveniens.   The court wrote that although the district court should have broadened its analysis under the Pemex standard, it ultimately agreed with its conclusion that U.S. courts owe the Nigerian judgments setting aside the Award comity.  The court concluded, however, that the district court went too far by refusing to enforce not only those parts of the Award that the Nigerian courts set aside but also those parts of the Award that remain viable under the Nigerian judgments. View "Esso Expl. and Prod. Nigeria Ltd. v. Nigerian Nat'l Petroleum Corp." on Justia Law

Defendant operated a multimillion-dollar fraud scheme out of Israel which targeted unsophisticated victims worldwide. Defendant was ultimately convicted of conspiracy to commit wire fraud and substantive wire fraud, and sentenced to 22 years in prison.On appeal to the Fourth Circuit, Defendant raised several challenges, including that she did not commit a crime under United States law because the wire-fraud statute does not apply to hee conduct that occurred out of the county. The Fourth Circuit rejected Defendant's position, finding that, although the wire-fraud statute does not apply extraterritorially, the focus of the statute is on the misuse of American wires. Because Defendant's conduct involved the misuse of American wires, the statute applied to her.The Fourth Circuit rejected Defendant's remaining challenges, with the exception of her challenge to the district court's restitution order that went beyond victims of domestic wire fraud. View "US v. Lee Elbaz" on Justia Law

Plaintiff, a citizen and resident of Vietnam, initiated arbitration proceedings in Singapore against Defendant, then a citizen and resident of North Carolina regarding a dispute related to a sale of property in the Philippines. Plaintiff obtained a $1.55 million award against Defendant, and then brought this case asking the court to enforce the award. The district court rejected Defendant's jurisdictional challenges and granted summary judgment in favor of Plaintiff. Defendant appealed.The Fourth Circuit affirmed the district court's order granting summary judgment to Plaintiff. In so holding, the court rejected Defendant's claim that the district court lacked subject matter and personal jurisdiction, and that the court erred in finding no disputed issues of material fact. View "Rachan Reddy v. Rashid Buttar" on Justia Law

Plaintiff Bainbridge Fund Ltd. is the beneficial owner of bonds issued by the Republic of Argentina. Argentina defaulted on these bonds back in 2001, but Bainbridge didn’t sue to recover them until 2016. The district court dismissed Bainbridge’s claims as untimely under New York’s six-year statute of limitations for contract actions and the Second Circuit’s nonprecedential decisions. Bainbridge appealed, asking the Second Circuit to reconsider those decisions. Specifically, Bainbridge argues that (1) the twenty-year statute of limitations for recovery on certain bonds under N.Y. C.P.L.R. 34 Section 211(a) applies to its claims against Argentina; and (2) even if the six-year limitations period for contract actions applies, it was tolled under N.Y. Gen. Oblig Law Section 17-101 because Argentina “acknowledged” this debt when it publicly listed the bonds in its quarterly financial statements (the “Quarterly Reports”).   The Second Circuit rejected Plaintiff’s arguments. First, the twenty-year statute of limitations does not apply to claims on Argentine bonds because a foreign sovereign is not a “person” under N.Y. C.P.L.R. Section 211(a). Second, tolling under N.Y. Gen. Oblig. Law Section 17-101 is inapplicable because the Quarterly Reports did not “acknowledge” the debt at issue in a way that reflected an intention to pay or seek to influence the bondholders’ behavior. To the contrary, Argentina repeatedly stated that the bonds “may remain in default indefinitely.” Bainbridge’s claims are thus time-barred. View "Bainbridge Fund Ltd. v. The Republic of Argentina" on Justia Law

Golan, a U.S. citizen, married Saada, an Italian citizen, in Italy, where, in 2016, they had a son, B. In 2018, Golan flew to the United States and moved into a domestic violence shelter with B. Saada sought an order returning B. to Italy under the Hague Convention on the Civil Aspects of International Child Abduction, which requires that a child be returned to the child’s country of habitual residence upon a finding that the child has been wrongfully removed to or retained unless the authority finds that return would expose the child to a “grave risk” of “physical or psychological harm or otherwise place the child in an intolerable situation.” The district court concluded that B. would face a grave risk of harm if returned to Italy, given evidence that Saada had abused Golan but ordered B. returned to Italy, applying Second Circuit precedent obligating it to “examine the full range of options that might make possible the safe return of a child” and concluding that ameliorative measures could reduce the risk to B. Following a remand, the Second Circuit affirmed.The Supreme Court vacated. A court is not categorically required to examine all possible ameliorative measures before denying a Hague Convention petition for the return of a child to a foreign country once the court has found that return would expose the child to a grave risk of harm. The Second Circuit’s rule, imposing an atextual, categorical requirement that courts consider all possible ameliorative measures in exercising discretion under the Convention, improperly elevated return above the Convention’s other objectives. A court reasonably may decline to consider ameliorative measures that have not been raised by the parties, are unworkable, draw the court into determinations properly resolved in custodial proceedings, or risk overly prolonging return proceedings. View "Golan v. Saada" on Justia Law