Justia International Law Opinion Summaries

GSS Group brought this action to confirm a foreign arbitration award against the Port Authority of Liberia. The district court dismissed the petition for lack of personal jurisdiction after concluding that the Port Authority did not have sufficient contacts with the United States. The court concluded that the Port Authority claimed to be an independent juridical entity in its motion to dismiss, and GSS Group failed to contest that characterization. GSS Group's omission left in tact the Bancec presumption, First National City Bank v. Banco Para el Comercio Exterior de Cuba, which, under TMR Energy v. State Property Fund of Ukraine, guaranteed the Port Authority treatment as a separate "person" entitled to due process protection. That protection included the right to assert a minimum contacts defense. GSS Group had not identified any connection between the Port Authority and the United States and conceded that none existed. Therefore, the district court correctly dismissed the petition for lack of personal jurisdiction. View "GSS Group Ltd v. National Port Authority" on Justia Law

This case stemmed from a dispute between Ghana and Balkan Energy Company where Balkan contracted with Ghana to refurbish and recommission a 125 megawatt power barge. Ghana filed an application for discovery pursuant to 28 U.S.C. 1782, seeking documents exchanged in a separate lawsuit between the current defendants. The district court granted Ghana's application and ordered the Missouri companies (collectively ProEnergy) to produce documents. ProEnergy produced some documents and discovery materials from its lawsuit with Balkan, but it refused other documents related to the settlement of that lawsuit. Because ProEnergy had already produced most of the documents, depositions, and interrogatory answers from its lawsuit with Balkan, and because ProEnergy was not party to the foreign litigation, the court was not persuaded that any fundamental unfairness was caused by the district court declining to compel production of the settlement documents. Accordingly, the court affirmed the decision. View "Government of Ghana v. ProEnergy Services, LLC, et al." on Justia Law

Defendant appealed from an order of the district court denying his motion to dismiss, for lack of subject matter jurisdiction, plaintiffs' separate actions to recover for breach of contract. The district court based its subject matter jurisdiction determination on the commercial activities exception to foreign sovereign immunity as set forth in the Foreign Sovereign Immunities Act, 28 U.S.C. 1330, 1332, 1391(f), 1441(d), 1602-11. The district court also denied defendant's motions to dismiss, made pursuant to Rule 12(b)(6). At issue was, as regards to "clause two" of the commercial activities exception, whether plaintiffs' claims were sufficiently "based upon" any act that defendant performed in the United States that was "in connection with [defendant's] commercial activity" in Brazil. Also at issue was, with respect to "clause three," whether defendant's extraterritorial commercial acts caused a "direct effect" in the United States. In both cases, defendant contended that the district court erred in finding the requirements of the exception to be satisfied and thus argued that the district court lacked jurisdiction over the cases. The court held that defendant was immune under the Act and therefore reversed the district court's order. View "Rogers v. Petroleo Brasileiro, S.A." on Justia Law

Defendant, a Russian citizen, attended graduate school and owns real property, vehicles, and bank accounts in Ohio. He spends some time in Ohio each year, ranging from 40 days in 2007 to a total of 17 days in 2008–2009. He visits under a tourist visa and does not have an Ohio driver's license. After going to Russia to take part in a business venture with defendant, plaintiff filed suit in Ohio. The contract had no connection to the state. The trial court dismissed for lack of personal jurisdiction, noting that defendant was not served with process in a manner that automatically confers personal jurisdiction. The Sixth Circuit affirmed, finding that notions of fair play and substantial justice weigh against jurisdiction in Ohio. The court quoted a Russian proverb, “If you’re afraid of wolves, don’t go into the forest” that could be read, “If you’re afraid of the Russian legal system, don't do business in Russia.” View "Conn v. Zakharov" on Justia Law

This case arose out of a contract entered into by Iraq's Ministry of Defense (IMOD) and Wye Oak for the refurbishment and disposal of Iraqi military equipment. At issue was whether, for purposes of analyzing subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602-11, a foreign state and its armed forces were separate legal persons. The court concluded that, for jurisdictional purposes, they were not. Therefore, the court held that Wye Oak's claim against Iraq alleging breach of contract entered into by IMOD fell within the FSIA's commercial activities exception. Accordingly, the court affirmed the district court's denial of Iraq's motion to dismiss Wye Oak's claim for lack of subject matter jurisdiction. View "Wye Oak Technology, Inc. v. Republic of Iraq" on Justia Law

This case involved a breach of contract claim for the sale and service of an air combat maneuvering range for use by Iran's military. At issue was whether confirmation of an arbitration award in favor of the Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran was "contrary to the public policy" of the United States under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, known as the "New York Convention," 9 U.S.C. 201-208. The court held that confirmation of the award did not violate any public policy. The court also held that the district court's judgment was a "money judgment" subject to postjudgment interest, and that a district court had discretion to award prejudgment interest and attorney's fees in an action to confirm an arbitration award under the Convention. Accordingly, the court affirmed the judgment in part, vacated it in part, and remanded to the district court for reconsideration of the Ministry's motions for prejudgment interest and attorney's fees. View "Ministry of Defense v. Cubic Defense System" on Justia Law

Plaintiffs brought suit against defendants for breach of duty, improper taking in violation of international law, conversion, conspiracy to commit a tort, aiding and abetting an improper taking and fraudulent scheme, and unjust enrichment. Plaintiffs appealed the district court's dismissal of their claims for lack of subject matter jurisdiction under Rule 12(b)(1). The court held that, because the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. 1330, 1602 et seq., applied to all defendants and no exception to sovereign immunity existed in this case, the judgment was affirmed. View "Community Finance Group, Inc., et al. v. Republic of Kenya, et al." on Justia Law

This was an interlocutory appeal from an order of the district court denying a motion to dismiss a suit seeking confirmation of an international arbitration award. Appellant contended that the petition should be dismissed on the ground of forum non conveniens (FNC) in favor of an action in the courts of Peru. The court reversed and remanded with directions to dismiss the petition, concluding that the underlying claim arose from a contract executed in Peru, by a corporation then claiming to be a Peruvian domiciliary against an entity that appeared to be an instrumentality of the Peruvian government, with respect to work to be done in Peru, and the public factor of permitting Peru to apply its cap statute to the disbursement of governmental funds to satisfy the award tipped the FNC balance decisively against the exercise of jurisdiction in the United States. View "Figueiredo Ferraz v. Republic of Peru" on Justia Law

Plaintiff-Appellant Air Century, SA relied on diversity jurisdiction when it sued Defendant-Appellee Atlantque Air Assitance and Insured Aircraft Title Services, Inc. (IATS) for breach of contract in district court. Unfortunately, the legal authority Plaintiff used did not provide jurisdiction. Nevertheless, the parties stiputated to the existence of diversity jurisdiction. Instead of challenging diversity, Atlantique sought and was awarded dismissal for lack of personal jurisdiction. Air Century stipulated to the dismissal with prejudice of its claims against IATS and then appealed the dismissal of its claims against Atlantique. "Belatedly noticing the diversity issue early in the appeal," Atlantique moved to dismiss for lack of subject-matter jurisdiction. In response, Air Century conceded that the district court had never had subject-matter jurisdiction. It requested that the Tenth Circuit: (1) vacate the district court’s order dismissing Atlantique for lack of personal jurisdiction and (2) dismiss this appeal. Under the circumstances, the district court had no power to rule on any substantive motions or to enter judgment in the case. Accordingly, the Tenth Circuit denied the motion to dismiss the appeal, and vacated the district court's orders. The case was remanded to the district court with instructions for the court to dismiss the case for lack of subject matter jurisdiction. View "Air Century SA v. Atlantique Air, et al" on Justia Law

Defendant appealed a jury verdict awarding damages to its former employee for breach of a stock options contract. Defendant argued that the jury instruction misstated the governing Korean law, that the jury's verdict relied on legally insupportable evidence, and that the district court applied the wrong law when determining attorney's fees. The court held that defendant failed to prove that the district court abused its discretion in excluding a requirement of coercion or intimidation from the jury instructions. Moreover, the district court did not abuse its discretion in denying defendant's motion for a new trial on damages. Finally, the award of attorney's fees would be permitted under either Texas or Korean law. Therefore, the judgment of the district court was affirmed. View "Garriott v. NCsoft Corp." on Justia Law