“As a moth is drawn to the light, so is a litigant drawn to the United States.” -- Lord Denning Was Lord Denning right? Last month the U.S. Supreme Court heard oral argument in Morrison v. National Australia Bank on the issue of whether a foreign plaintiff could use U.S. courts to file international securities class actions. This has to be one of the most interesting … [Read more...]
International Arbitration: U.S. Supreme Court Says No to Class Arbitration in Stolt-Nielsen SA v. AnimalFeeds International
Regular readers of this blog (you know who you are) know that I have a soft spot for anything that has to do with international arbitration. This is one area of the law that both fascinates and perplexes. One minute you can be in New York applying Japanese law and the next minute you can be in Japan applying New York law. Throw a class action into the mix and things get … [Read more...]
International Center for the Settlement of Investment Disputes (ICSID) Releases Caseload Statistics
South America Hosts Majority of ICSID Cases The International Center for the Settlement of Investment Disputes (ICSID) recently released a report on its caseload statistics. The report includes lots of interesting data and illustrative charts. One chart I found particularly noteworthy was the geographic distribution of ICSID cases by state party. South America leads the … [Read more...]
Post-Game Analysis of Morrison v. National Australia Bank. Read the Transcript Here
"I mean, this case is Australian plaintiff, Australian defendant, shares purchased in Australia. It has 'Australia' written all over it." -- Justice Ginsburg, March 29, 2010 Following up on yesterday's pre-game analysis of oral argument in Morrison v. … [Read more...]
Doing Business in Japan Teleconference. $768.8 Billion Reasons to Attend
The International Law Prof Blog has passed along details about an upcoming teleconference, “Doing Business with Japan,” sponsored by the American Bar Association Section of International Law. The conference could not come at a better time. Businessweek’s Daniel Kruger reported this week that Japan has overtaken China as the largest foreign holder of … [Read more...]