“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...]
7 Ways to Bulletproof Your International Arbitration Agreement
As an international business attorney, a focal point of my practice involves advising clients how to best handle cross-border disputes. The most effective mechanism by far in resolving international dispute is international arbitration. Why? International arbitration levels the playing field by taking away the home court advantage of parties on either side of a … [Read more...]
2010 Index of Economic Freedom Released: United States Ranks Eighth
The Wall Street Journal and the Heritage Foundation released its annual 2010 Index of Economic Freedom. Of the world's 20 largest economies, Hong Kong ranked first while the U.S. came in at number eight. According to the Wall Street Journal article, The U.S. is Not as Free as It Used to Be, a number of factors contributed to the United States’ … [Read more...]
Hey Brazil: It'sTime to Ratify Those Bilateral Investment Agreements
Brazil is on a roll. Yesterday’s Financial Times included a special 10-page section devoted to Brazil. One of the articles, Olympic Accolade Sets Seal on Progress, written by Jonathan Wheatly, succinctly describes the “exuberant optimism” that has gripped the country since it was awarded the 2016 Olympic Games. And the Wall Street Journal … [Read more...]
Chevron Files International Arbitration Claim Against Ecuador: Forum Shopping in the Hague?
**Update January 15, 2010**: The Republic of Ecuador and the class Plaintiffs have both challenged Chevron's arbitration claim in New York federal court. You can read about it here and here. First, the United States. Then Ecuador. Now Holland. Chevron's wanderlust knows no bounds, as it recently filed a parallel international arbitration proceeding in the Hague (Holland). The … [Read more...]
Franchise Disputes in China: Several Ways to Minimize Conflict
on a trip to Beijing several years ago, I expected to be immersed in Eastern culture far away from the influence of the West. I was shocked to find a Starbucks within the walls of China’s most sacred site--- the Forbidden City. The picture to the right is the photograph I took near Starbuck’s former outpost in the Forbidden City (the location was subsequently … [Read more...]