In an earlier post, I wrote about the Enforcement of Chinese Judgments in the United States and cited a recent California decision enforcing a Chinese judgment in the United States. The case is unique because it is generally believed that United States courts will not enforce Chinese judgments given the lack of a treaty between the two countries on the issue and given … [Read more...]
Alien Tort Claims Act: A Threat to U.S. Corporations Operating Overseas?
The rise in international litigation predicated on lawsuits filed under the Alien Tort Claims Act present significant risks for U.S. corporations that do business abroad. While the law was originally intended to protect US financial interests from piracy on the high seas, it was revived in the early 1980s to seek accountability for overseas human rights violations, such … [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...]
Enforcing European Freezing Injunctions in the United Kingdom
The last post discussed the enforcement of Chinese judgments in the United States. In this post, I’ll head across the pond to discuss the implications of a recent English High Court decision on the enforcement of judgments and Freezing Injunctions. EU Enforcement Law In D’Hoker v Tritan Enterprises Limited [2009] EWHC 948 (QB), the High Court examined … [Read more...]
Enforcement of Chinese Judgments in the United States
on August 12, 2009, the United States District Court for the Central District of California issued a judgment enforcing a $6.5 million dollar Chinese judgment against an American corporate defendant under California’s version of the Uniform Foreign Money Judgments Recognition Act. The court’s full decision is available here. This case is unique because … [Read more...]