Justia International Law Opinion Summaries

A group of Cuban doctors alleged that they were coerced by the Cuban government to participate in Brazil’s Mais Médicos program, which placed healthcare professionals in underserved communities. The doctors claimed that the Pan American Health Organization (PAHO) enabled the Cuban government’s actions by acting as a financial intermediary, moving funds from Brazil to Cuba, while retaining a 5% fee. They asserted that PAHO’s conduct facilitated a human trafficking scheme, and they brought claims under the Trafficking Victims Protection Act on behalf of themselves and similarly situated Cuban medical professionals.The United States District Court for the District of Columbia initially denied PAHO’s motion to dismiss, finding that the doctors’ allegations, if true, would bring the case within the “commercial activity” exception to immunity under the International Organizations Immunities Act (IOIA). The United States Court of Appeals for the District of Columbia Circuit affirmed this denial, allowing the case to proceed. PAHO then filed a second, “factual” motion to dismiss, contesting the factual basis of the doctors’ claims and submitting evidence to support its immunity argument. In response, the district court granted the doctors’ request for limited jurisdictional discovery to resolve the factual disputes relevant to the immunity question. PAHO appealed the discovery order.The United States Court of Appeals for the District of Columbia Circuit concluded that it lacked jurisdiction to review the district court’s discovery order at this stage. The court held that immediate appellate review under the collateral order doctrine does not extend to jurisdictional discovery orders issued after a judicial finding that the complaint adequately pleads an immunity exception, where discovery is directly related to those pleaded theories. The appeal was dismissed, and the case was remanded for further proceedings. View "Rodriguez v. Pan American Health Organization" on Justia Law

A naturalized U.S. citizen originally from Iraq was sought for extradition by the Iraqi government to stand trial for two counts of premeditated murder. Iraq alleged that he served as a local leader of Al-Qaeda in Iraq (AQI), involved in the planning and execution of the murders of two Iraqi police officers in Fallujah in 2006. The extradition request was supported by witness statements, including those from a cooperating witness and eyewitnesses who placed him at the scene and described his participation. The defendant had previously fled Iraq for Syria before coming to the United States.After Iraq’s extradition request, the United States filed a complaint in the U.S. District Court for the District of Arizona, where a magistrate judge certified the defendant’s extradition. The defendant challenged the certification through a habeas petition under 28 U.S.C. § 2241. He argued that there was not sufficient probable cause for the charges, that the alleged offenses constituted political acts covered by the political offense exception in the U.S.-Iraq Extradition Treaty, that humanitarian considerations should bar extradition, and that Iraq might prosecute him for offenses beyond those charged. The district court denied the habeas petition, finding the probable cause standard was met, the political offense exception inapplicable, and declining to consider humanitarian grounds or speculative future prosecutions.The United States Court of Appeals for the Ninth Circuit affirmed the district court’s denial of habeas relief. The court held that competent evidence supported probable cause for the charged murders, the district court correctly excluded newly submitted contradictory declarations, and the political offense exception did not apply because AQI was not part of the domestic Sunni insurgency but an international terrorist organization. The panel also held that humanitarian objections and speculative concerns about additional charges were not grounds for relief in this context. View "AL-NOURI V. RUBIO" on Justia Law

Devas Multimedia Private Limited, an Indian corporation, along with several related entities, sought to confirm a $562.5 million international arbitral award against Antrix Corporation Limited, a company wholly owned by India. The award stemmed from a 2005 agreement between Devas and Antrix, under which Antrix was to provide satellite capacity to Devas in exchange for fees. In 2011, Antrix terminated the agreement following a policy decision by the Indian government. Devas initiated arbitration before the International Chamber of Commerce, which resulted in an award in Devas’s favor. Devas then petitioned to confirm the award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) in the United States District Court for the Western District of Washington.The district court confirmed the award, finding it had subject matter jurisdiction under the Foreign Sovereign Immunities Act (“FSIA”) arbitration exception and the New York Convention, and personal jurisdiction under the FSIA. The court also rejected Antrix’s argument that the case should be dismissed under the doctrine of forum non conveniens. Antrix appealed, and the Ninth Circuit initially ruled in Antrix’s favor on personal jurisdiction grounds. However, the Supreme Court in CC/Devas (Mauritius) Ltd. v. Antrix Corp., 605 U.S. 223 (2025), reversed, holding that the FSIA does not require a minimum contacts analysis beyond its statutory provisions, and remanded for consideration of alternative arguments.On remand, the United States Court of Appeals for the Ninth Circuit held that the FSIA’s arbitration exception supplied subject matter jurisdiction, the exercise of personal jurisdiction over Antrix was reasonable and comported with the Fifth Amendment, and that forum non conveniens does not apply to actions to confirm foreign arbitral awards under the New York Convention. The Ninth Circuit affirmed the district court’s judgment in part, and reversed and vacated in part on issues related to the standing of certain intervenors, remanding for further proceedings. View "DEVAS MULTIMEDIA PRIVATE LTD. V. ANTRIX CORP. LTD." on Justia Law

A North Carolina software company initiated a lawsuit in the United States District Court for the Western District of North Carolina against its former business partner, a Dutch entity, after their business relationship dissolved. The plaintiff alleged copyright and trademark infringement, misappropriation of trade secrets, and various state law violations. Shortly after the complaint, the plaintiff obtained a preliminary injunction limiting the defendant’s business activities. Meanwhile, the defendant commenced related litigation in the Netherlands. During those Dutch proceedings, the defendant’s American attorney, Pressly Millen, submitted an affidavit that the plaintiff claimed misrepresented the scope and timing of the U.S. litigation.The Dutch court initially denied the plaintiff’s request to stay the Dutch proceedings, partly relying on representations from the defendant’s counsel. The plaintiff returned to the North Carolina court, seeking an order requiring the defendant to correct these alleged misrepresentations in the Dutch court. The district court ordered the defendant to submit both its order and a corrective statement to the Dutch court. The defendant submitted the order but did not file the separate corrective statement. Later, the Dutch court stayed its proceedings. The plaintiff then moved for contempt sanctions in the North Carolina court against the defendant and its attorneys for failing to comply fully with the correction order. Following a show cause hearing, the district court held the defendant and Millen in civil contempt, sanctioning Millen by suspending his ability to practice in the district, though not holding him jointly liable for monetary sanctions.On appeal, the United States Court of Appeals for the Fourth Circuit found that it had jurisdiction to review the contempt order against Millen, a nonparty. The appellate court held that the district court abused its discretion by imposing civil contempt sanctions on Millen without clear and convincing evidence that the plaintiff was harmed by Millen’s failure to submit the separate statement. The court vacated the civil contempt adjudication and sanction against Millen. View "Dmarcian, Inc. v. Millen" on Justia Law

A Chilean company contracted with an Italian construction firm to design and build a hospital in Santiago, Chile, with disputes to be resolved by arbitration in Chile. The Italian firm later underwent a restructuring proceeding in Italy, during which it spun off its operating business and merged into another Italian company, Webuild S.p.A., which acquired most of its assets. After the contract was terminated due to project delays, arbitration in Chile resulted in an award in favor of the Chilean company and against the original Italian firm. The Chilean courts reduced but otherwise affirmed the arbitral award, and further appeal was denied.Seeking to enforce the arbitral award in the United States, the Chilean company brought an action in the United States District Court for the District of Delaware against Webuild, claiming it was the successor in interest to the award debtor. The company asked the District Court to assert quasi in rem jurisdiction by attaching Webuild’s shares in a Delaware subsidiary. The District Court granted Webuild’s motion to dismiss for lack of personal jurisdiction, holding that there were insufficient contacts between the forum, Webuild, and the underlying controversy. The District Court also held that, even if an exception to the minimum contacts requirement applied, it would not permit jurisdiction here because no court had yet determined that Webuild was indeed liable for the arbitral debt.On appeal, the United States Court of Appeals for the Third Circuit held that, under the Supreme Court’s decision in Shaffer v. Heitner, a court may exercise traditional quasi in rem jurisdiction to enforce a foreign arbitral award in an action to collect on an already adjudicated debt, without requiring minimum contacts. The appellate court vacated the District Court’s dismissal and remanded for a determination of whether Webuild is the successor in interest to the original award debtor. View "Sociedad Concesionaria Metropolitana de Salud S.A. v. Webuild S.P.A" on Justia Law

A group of affiliated energy companies brought a civil case in North Dakota against several environmental organizations and individuals, alleging a coordinated campaign—sometimes involving unlawful acts—targeted at their pipeline operations. After six years of litigation, a three-week jury trial resulted in a unanimous verdict for the energy companies, awarding over $130 million in compensatory and exemplary damages against one defendant, Greenpeace International, and over $666 million against all Greenpeace entities combined. The jury found Greenpeace International liable for conspiracy, defamation, defamation per se, and tortious interference, but not for property-related torts.While the North Dakota case was pending, Greenpeace International initiated legal proceedings in the Netherlands, seeking relief under Dutch and European anti-SLAPP (Strategic Litigation Against Public Participation) laws. The Dutch action alleged, among other things, that the North Dakota suit was a SLAPP case and sought to declare it “manifestly unfounded,” potentially undermining the North Dakota verdict. The energy companies sought an antisuit injunction in North Dakota District Court to prevent Greenpeace International from proceeding with the Dutch litigation. The district court denied the motion, reasoning that the Dutch and North Dakota cases involved different issues because anti-SLAPP actions are not recognized under North Dakota law, and thus did not meet the threshold for an antisuit injunction. The district court also found that the Dutch action was not vexatious, did not threaten North Dakota policy, and did not implicate comity concerns.On review, the Supreme Court of North Dakota determined that the district court abused its discretion by misapplying the legal framework for antisuit injunctions. The Supreme Court held that the issues in both cases were substantially similar, as the Dutch action, as pleaded, would require relitigating questions already decided by the North Dakota jury. The Court adopted a “conservative” approach to comity, weighing respect for foreign tribunals against the need to protect the integrity of state proceedings. The Supreme Court granted the petition for a supervisory writ and remanded the case, directing the district court to enter a narrowly tailored antisuit injunction preventing Greenpeace International from pursuing any Dutch claims that would require a finding that the North Dakota case lacked legal foundation, while permitting claims based on matters not adjudicated in North Dakota. View "Energy Transfer v. Gion" on Justia Law

In 2021, the United States seized over 700,000 barrels of crude oil from two tankers in the Mediterranean Sea. The government alleged that the oil belonged to the National Iranian Oil Company (NIOC), an entity it claimed materially supported the Islamic Revolutionary Guard Corps (IRGC), a designated Foreign Terrorist Organization. The government further asserted that NIOC’s activities included supplying, transporting, and selling oil to benefit the IRGC, which used these resources to fund terrorist activities targeting the United States. A Turkish commodities trading company, Aspan Petrokimya Co., claimed ownership of the seized oil and sought to recover the proceeds from its sale.The United States District Court for the District of Columbia initially dismissed the government’s forfeiture complaints without prejudice, finding that the government had not adequately pled that NIOC’s sale of oil affected foreign commerce. The government then filed an Amended Complaint consolidating the cases and providing additional factual detail. The district court denied Aspan’s renewed motion to dismiss, concluding that the amended allegations sufficiently addressed the jurisdictional element and all other statutory requirements. To expedite appellate review, Aspan admitted the complaint’s factual allegations, consented to judgment on the pleadings, and appealed.The United States Court of Appeals for the District of Columbia Circuit reviewed the district court’s denial of the motion to dismiss de novo. The appellate court held that the government needed only to allege NIOC’s ownership of the property at the time of the offense, not at the time of seizure. The court also found that the Amended Complaint plausibly alleged that NIOC’s material support of the IRGC substantially affected foreign commerce, and that NIOC’s actions were calculated to influence the U.S. government. The court affirmed the district court’s judgment. View "USA v. All Petroleum-Product Cargo Onboard the M/T Arina" on Justia Law

A Canadian investment company provided loans to Mexican companies owned by a businessman, securing these loans with mortgages and promissory notes. When the Mexican companies defaulted, the investor attempted to recover its funds through negotiations and litigation in Mexico. The investor alleged that a fraudulent scheme, orchestrated by the businessman, led to a forged settlement used in Mexican court to void the loans. After Mexican courts did not provide relief, the investor initiated arbitration against Mexico under NAFTA, claiming Mexico failed to provide the protections required for foreign investments.The arbitral tribunal, seated in Washington, D.C., found that only the mortgages—not the promissory notes—qualified as protected “investments” under NAFTA. The tribunal concluded that Mexico had breached its obligations under Article 1105(1) by failing to provide fair and equitable treatment to the investor’s qualifying investments, awarding $47 million in compensation to the investor. Mexico then petitioned the United States District Court for the District of Columbia to vacate the award, arguing the arbitrators exceeded their authority and disregarded the law. The district court rejected these arguments, confirming the award. Separately, the businessman sought to intervene in the proceedings, claiming his interests were harmed, but the district court denied intervention.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. It held that the arbitral tribunal did not exceed its powers, as it at least arguably interpreted the relevant treaty provisions, and did not act in manifest disregard of the law. The appellate court also held that the district court did not abuse its discretion in denying the businessman’s motion to intervene, finding Mexico adequately represented his interests. The court affirmed the district court’s order in full. View "United Mexican States v. Lion Mexico Consolidated L.P." on Justia Law

A group of bondholders sought to recover principal payments owed on defaulted Argentine sovereign bonds. These investors had previously participated in Argentina’s Tax Credit Program, depositing their bonds with an Argentine trustee, Caja de Valores S.A., in exchange for certificates representing principal and interest. After the Republic failed to pay the principal at maturity, the bondholders initially sued in the United States District Court for the Southern District of New York. That court dismissed the case primarily on the ground that, under Argentine law, only the trustee had authority to sue on the bonds, and the Second Circuit affirmed. The bondholders then obtained authorization from an Argentine court to sue and filed a new complaint in New York.The district court again dismissed their claims, mainly for two reasons. First, it found all claims were barred by New York’s six-year statute of limitations for contract actions, holding that the state’s “savings statute” (N.Y. C.P.L.R. § 205(a)) did not apply because the prior dismissal was for lack of personal jurisdiction. It also concluded that tolling provisions in New York’s COVID-era executive orders did not apply absent an equitable showing. Second, the court held that collateral estoppel barred the bondholders from relitigating issues related to standing and jurisdiction previously decided.The United States Court of Appeals for the Second Circuit reviewed the case. It agreed that the savings statute did not apply but held that the COVID-era executive orders tolled the limitations period automatically, without any equitable showing. This made some claims timely (those on the AR16 Bonds) but not others (those on the GD65 Bonds). The Second Circuit further ruled that collateral estoppel did not preclude the bondholders from litigating whether they had authority to sue, and that—under Argentine law, with the new court authorization—they now had such authority. The judgment was affirmed in part, vacated in part, and remanded for further proceedings. View "Bugliotti v. The Republic of Argentina" on Justia Law

SBK ART LLC, a special purpose vehicle formerly owned by Sberbank and holding a substantial interest in a Croatian company called Fortenova Grupa, became subject to international sanctions after Russia’s invasion of Ukraine. Following Sberbank’s sale of SBK to an Emirati investor, Fortenova continued to treat SBK as a sanctioned entity, citing uncertainty about the change of control. Akin Gump Strauss Hauer & Feld LLP, acting as Fortenova’s counsel, issued a memorandum (the “Akin Opinion”) questioning the legitimacy of the sale and compliance with EU sanctions. This opinion was allegedly shared with the EU Council, which imposed sanctions on SBK. Subsequently, SBK was excluded from corporate governance decisions and lost its interest in Fortenova, prompting SBK to initiate litigation in the General Court of the European Union and the Civil Court of Malta, and to contemplate further proceedings in the Netherlands.The United States District Court for the Southern District of New York, after referral to a Magistrate Judge, granted SBK’s petition under 28 U.S.C. §1782 for discovery from Akin, but limited it to non-privileged materials relating to the sale, the Akin Opinion, and governance changes, within a defined timeframe. The District Judge adopted the Magistrate Judge’s report and recommendations, overruling Akin’s objections, particularly those based on the Second Circuit’s prior decision in Kiobel by Samkalden v. Cravath, Swaine & Moore LLP.The United States Court of Appeals for the Second Circuit reviewed whether the District Court abused its discretion by granting discovery from Akin even though the documents sought were not discoverable from Akin’s client in the relevant foreign jurisdictions. The Second Circuit held that Section 1782 does not impose a foreign-discoverability requirement, distinguishing Kiobel and affirming the District Court’s order. Any objections regarding privilege or undue burden must be resolved under ordinary discovery rules. The District Court’s order was affirmed. View "In Re: Ex Parte Application of SBK ART LLC" on Justia Law