Justia International Law Opinion Summaries

Thirty-nine plaintiffs—two American and thirty-seven foreign—filed suit agianst Citigroup, claiming that fraudulent cash advances lured them into investing in or contracting with Oceanografía and that either Citigroup or Oceanografía knowingly misrepresented Oceanografía's financial stability. The Fourth Circuit reversed the district court's grant of Citigroup's motion to dismiss for forum non conveniens, holding that the district court did not apply the deference owed to the domestic plaintiffs, and it erred in weighing the Gulf Oil private interest factors as to all the plaintiffs because Citigroup did not satisfy its burden. In this case, the court held that the district court mistakenly gave only "reduced" deference to the domestic plaintiffs' choice of forum. The court also held that Citigroup—which had the burden of persuasion—did not support its claims that most of the relevant documents and witnesses are located in Mexico. Accordingly, the court remanded for further proceedings, including consideration of the United States' interests under the public interest factors. View "Otto Candies, LLC v. Citigroup, Inc." on Justia Law

Respondent appealed the district court's order confirming a $28 million international arbitration award in favor of EGI. EGI sought to enforce the Chilean award in the U.S. District Court for the Southern District of Florida by filing a petition to confirm the international arbitration award under the Federal Arbitration Act. The Eleventh Circuit agreed with the district court that service in Brazil was proper and that this arbitration award should be confirmed. The court held that the district court did not err in finding that considerations of international comity counseled against reviewing the Brazilian court's determination that respondent had been properly served in accordance with Brazilian law, especially since the Convention on Letters Rogatory commits jurisdiction of this issue to the courts of Brazil. However, the court vacated the district court's order and remanded with instructions to correct two errors that the district court committed in enforcing the award. In this case, the district court clearly erred in accepting EGI's calculations, which converted UF to pesos to U.S. dollars on January 23, 2012, rather than the proper conversion date under the breach day rule, January 13, 2012. Furthermore, instead of enforcing the Arbitration Award as requested by EGI, the district court's order should have required respondent to pay the purchase price set out in the Shareholders' Agreement and the Award and in exchange required EGI to tender its shares. View "EGI-VSR, LLC v. Juan Carlos Celestino Coderch Mitjans" on Justia Law

The Second Circuit first addressed this matter by affirming in part, vacating in part, and remanding. Defendants then filed petitions for rehearing, which the court denied, and Defendant Bank Markazi filed a petition for certiorari with the Supreme Court. The Solicitor General ultimately recommended that the petitions for writs of certiorari be denied because both Houses of Congress had passed separate bills that could substantially affect the proper disposition of the case. Congress then enacted the National Defense Authorization Act for Fiscal Year 2020 and the Supreme Court subsequently granted the petitions for certiorari, vacated the prior decision in Peterson II, and remanded to the Second Circuit. The Second Circuit readopted that portion of its now vacated decision in Part B and Part C.1 of the "Discussion" section of Peterson II as the decision of this court. In regard to subpart C.2, the court reinstated only its judgment that the district court prematurely dismissed the amended complaint for lack of subject-matter jurisdiction and remanded for the district court to reconsider that question. However, the court did not reinstate its analysis as to whether the common law and Koehler provide the district court with jurisdiction over the extraterritorial asset, directing the district court to address these issues. Finally, the court respectfully directed the Clerk of this Court to return the matter to this panel for further review and adjudication. View "Peterson v. Islamic Republic of Iran" on Justia Law

After DSCI filed suit against the Kingdom of Saudi Arabia, the Kingdom removed the case to federal district court and filed a motion to dismiss the complaint on the grounds of forum non conveniens, pointing to the forum-selection clause in the parties' contract. In this case, the contract provided that the Board of Grievances, a Saudi Arabian administrative court, shall be the assigned settlement of any disputes arising out of the contract. The DC Circuit affirmed the district court's grant of the Kingdom's motion, holding that the contract's forum-selection clause is mandatory and the dispute thus belonged before the Board of Grievances. View "D&S Consulting, Inc. v. Kingdom of Saudi Arabia" on Justia Law

The Foreign Sovereign Immunities Act (FSIA) does not permit courts to contemplate how much merits litigation is too much. Instead, they must resolve colorable assertions of immunity before the foreign sovereign may be required to address the merits at all. The DC Circuit held that it has jurisdiction to review the district court's order under the collateral order doctrine, because the district court conclusively rejected Nigeria's assertion of immunity from having to defend the merits in this case. The court held that Nigeria's immunity defense is at least colorable enough to support appellate jurisdiction, and thus the court need not determine whether Nigeria will ultimately prevail on that defense. The court also held that the district court erred in requiring Nigeria to defend the merits before resolving its colorable immunity assertion. Therefore, the court denied P&ID's motion to dismiss the appeal. The court reversed and remanded for further proceedings. View "Process and Industrial Developments Ltd. v. Federal Republic of Nigeria" on Justia Law

Movant filed suit on behalf of plaintiffs, seeking to recover money owed on defaulted Argentina bonds. In 2006, plaintiffs received a judgment in their favor, which went unpaid until plaintiffs settled their claims with Argentina in 2016, without movant's involvement. Movant then moved to enforce his attorney's lien on the settlement proceeds under New York Judiciary Law 475, which the district court denied. The Second Circuit vacated the district court's order, holding that the district court had jurisdiction over movant's claim against Argentina under the commercial activity exception of the Foreign Sovereign Immunity Act. In this case, Argentina's settlement with plaintiffs constitutes an act outside the territory of the United States connected with a commercial activity of Argentina elsewhere, and that act caused direct effect in the United States because it ended in long-running litigation in New York. The court also held that movant's lien on his clients' cause of action attached to the settlement proceeds even though he was not involved in the settlement. Accordingly, the court remanded for further proceedings. View "Gleizer v. Republic of Argentina" on Justia Law

The Second Circuit reversed the district court's decision concluding that it had subject-matter jurisdiction pursuant to the Foreign Sovereign Immunities Act (FSIA) over plaintiffs' suit seeking declaratory relief against Greece. This action stemmed from a dispute between the parties over the ownership of an ancient Greek artifact of a bronze horse figurine. The court held that Greece's claim of ownership over the figurine was not in connection with any commercial activity by Greece outside of the United States. Therefore, the court held that the FSIA does not authorize jurisdiction over this dispute. The court remanded with instructions to dismiss the action. View "Barnet v. Ministry of Culture & Sports of the Hellenic Republic" on Justia Law

The Second Circuit affirmed the district court's denial of the Welsh Government's motion to dismiss claims of copyright infringement brought by Pablo Star over two photographs of the Welsh poet Dylan Thomas and his wife, Caitlin Macnamara, on the ground of sovereign immunity. The Welsh Government argued that the commercial-activity exception of the Foreign Sovereign Immunities Act (FSIA) does not apply to its conduct promoting Welsh culture and tourism in New York. The court held, however, that the Welsh Government engaged in commercial activity in publicizing Wales-themed events in New York, and that the Welsh Government's activity had substantial contact with the United States. Therefore, Pablo Star's lawsuit falls within an exception to the immunity recognized in the FSIA. View "Pablo Star Ltd. v. The Welsh Government" on Justia Law

ThyssenKrupp entered into contracts with F. L. for the construction of mills at ThyssenKrupp’s Alabama steel manufacturing plant. Each contract contained an arbitration clause. F. L. entered into a subcontract with GE for the provision of motors. After the motors allegedly failed, Outokumpu (ThyssenKrupp's successor) sued GE, which moved to compel arbitration, relying on the arbitration clauses in the F. L.-ThyssenKrupp contracts. The Eleventh Circuit concluded that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards allows enforcement of an arbitration agreement only by the parties that actually signed the agreement. A unanimous Supreme Court reversed. The Convention does not conflict with domestic equitable estoppel doctrines that permit the enforcement of arbitration agreements by nonsignatories. The Federal Arbitration Act (FAA) grants federal courts jurisdiction over actions governed by the Convention and provides that “Chapter 1 applies to actions and proceedings brought under this chapter to the extent that [Chapter 1] is not in conflict with this chapter or the Convention,” 9 U.S.C. 208. Chapter 1 does not “alter background principles of state contract law regarding the scope of agreements (including the question of who is bound by them).” The state-law equitable estoppel doctrines permitted under Chapter 1 do not “conflict with . . . the Convention,” which is silent on whether nonsignatories may enforce arbitration agreements under domestic doctrines such as equitable estoppel. Nothing in the Convention could be read to conflict with the application of domestic equitable estoppel doctrines. The court, on remand, may address whether GE can enforce the arbitration clauses under equitable estoppel principles and which body of law governs that determination. View "GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC" on Justia Law

The Ninth Circuit affirmed the district court's dismissal of claims brought by U.S. servicemembers and their families against TEPCO and GE, alleging that they were exposed to radiation from the Fukushima Daiichi Nuclear Power Plant. The Japanese Act on Compensation for Nuclear Damage provides that the operator of a nuclear power plant is strictly liable for any damage caused by the operation of the power plant but no other person shall be liable. The panel held that Japan's Compensation Act was a liability-limiting statute with outcome-determinative implications and was substantive for Erie purposes. In this case, the district court did not err in proceeding with the full choice-of-law analysis at the motion-to-dismiss stage of the litigation. The panel applied California's three step "governmental interest" test in deciding the choice-of-law questions and ultimately concluded that the district court did not err when it decided that the laws of Japan, not California, govern plaintiffs' claims against GE. The panel likewise held that the district court did not err in proceeding with the choice-of-law analysis and finding that Japanese law also applies to plaintiffs' claims against TEPCO. Finally, having decided that Japanese law applies to the case and considering Japan's strong interests in the case being litigated in Japan, the panel held that the district court did not abuse its discretion when it dismissed the claims against TEPCO on international-comity grounds. View "Cooper v. Tokyo Electric Power Co." on Justia Law