INTERNATIONAL LITIGATION AND ENFORCEMENT OF FOREIGN JUDGEMENTS
Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters
The Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, a...
Read MoreSuing foreign entities in New York
Traditionally, NY case law considered foreign entities registered to do business in New York as having affirmatively consented to the...
Read MoreU.S. Supreme Court held international organizations do not have “absolute immunity” when acting as private players in the market
On February 27, 2019, the U.S. Supreme Court held that “the International Organizations Immunities Act of 1945 affords international organizations...
Read MoreU.S. Supreme Court holds international organizations do not have “absolute immunity” when acting as private players in the market
On February 27, 2019, the U.S. Supreme Court held that the International Organizations Immunities Act of 1945 affords international organizations...
Read MoreInternational commercial arbitration is not a “foreign or international tribunal” for purposes of 28 U.S. Code § 1782
On November 6, 2018, a South Carolina District Court held that an international commercial arbitration does not constitute a “foreign...
Read MoreEven if a photo is available on a website, publishing it on another website requires the photographer’s authorization, the ECJ held
On August 7, 2018, the Court of Justice of the European Union (CJEU) ruled that “the posting on a website...
Read MoreTen years of “Mediation Directive”: EU Parliament adopts resolution to foster mediation
On September 12, 2017, the EU Parliament adopted a resolution on the implementation of the “Mediation Directive” (Directive 2008/52/EC of...
Read MoreCalifornia federal court allows service of process on foreign defendant via Twitter
On September 30, 2016, a California federal court granted permission to serve process through Twitter on a foreign defendant. In this...
Read MoreLa speciale discovery a sostegno di procedimenti legali pendenti all’estero puo’ usarsi anche per documenti elettronici non conservati su suolo americano
Il 23 agosto 2016, la Corte di Appello dell’Undicesimo Circuito ha deciso che una cittadina russa ha il diritto di...
Read MoreUS discovery in support of foreign litigation: the Eleventh Circuit holds electronic documents stored abroad may be obtained under 28 U.S.C. § 1782
On August 23, 2016, the Eleventh Circuit Court of Appeals issued an opinion allowing a Russian citizen to compel –...
Read MoreItaly passes measures to enhance debt collection and improve insolvency procedures
On July 14, 2016, the Italian Parliament approved Law n. 119/16 containing a set of provisions aimed at expediting the recovery...
Read MoreThe “Separate Entity” rule only applies when NY branch of bank is garnishee; it does not apply and prevent enforcement of an arbitral award against bank as debtor
On February 22, 2016, the U.S. District Court for the Southern District of New York found that New York “Separate...
Read MoreNo jurisdiction under New York long-arm statute against a foreign airline solely based on its internet presence in the US
On August 22, 2016, a New York District Court dismissed a lawsuit against Airbus (a French company) for lack of...
Read MoreShare capital increase disputes are arbitrable, Milan Court holds
An Italian Court clarified that opposition to a share capital increase is an arbitrable issue in a shareholders’ agreement. The...
Read MoreLLC that failed to comply with publication requirements of NY LLC Law §206 cannot maintain action
On March 23, 2016, the Appellate Division, Second Department – relying on Barklee Realty Co. v Pataki, 309 AD2d 310 – held...
Read MoreA “new” trend in the US: the jurisdictions where foreign law is “banned” – Part One
Since 2010 a majority of the US jurisdictions passed or tried to pass bills that to a different degree prohibit...
Read MoreInternational bank compelled to provide information concerning account holders regardless of the location of their accounts
On August 11, 2015, the First Department of the Supreme Court of the State of New York, Appellate Division affirmed...
Read MoreSovereign that does not comply with post-discovery order can be sanctioned making everything it owns deemed for “used for commercial activity”
On August 13, 2015, the U.S. District Court for the Southern District of New York found that the Republic of...
Read MoreThe hard life of plaintiffs in Italy who cannot plead facts in the alternative and cannot use discovery
The Court of Milano, Italy clarified that in a civil action the parties have the right to decide which facts...
Read MoreA Renewed Focus on Mandatory Individual Arbitration Clauses, by Allyson Haynes Stuart
The New York Times recently published a series of articles[1] reporting on the abolishment of the right to sue by...
Read MoreThe court of Milan clarifies that a company’s director lacks standing to proceed in a malpractice action against other directors if shareholders’ meeting did not resolve to bring the action
A director can bring a claim, on behalf of the company, against the other directors for breach of their duties...
Read MoreIf Plaintiffs lack threshold grounds for derivative actions, jurisdiction doesn’t need to be established, Second Circuit holds
On July 24, 2015, the Second Circuit held that “when confronted with a difficult or novel question of subject matter...
Read MoreDiscovery request under 28 U.S.C. §1782 does not require material to be indispensable to bring the foreign action but only that material will be “used” there
On July 17, 2015, the United States Court of Appeals for the Second Circuit clarified that U.S.C. 28 § 1782...
Read MoreDelaware Supreme Court clarifies that a party that contracted for the benefit of a subsidiary can bring a direct claim to seek contract damages and does not need to bring a derivative suit
Delaware Supreme Court clarifies that a party that contracted for the benefit of a subsidiary can bring a direct claim...
Read MoreCreditors in Italy now have direct access to debtors’ records held in online government’s files
In Italy, Section 492-bis of the criminal code, empowers the president of the Court to authorize the bailiff to perform...
Read MoreGood to know if you are thinking about forming an entity in Delaware: new statute bans fee-shifting in derivative actions – but exclusive forum selection clauses are allowed
On June 18, 2015 the Delaware Governor signed into law a statute banning bylaws clauses providing for fee-shifting in derivative actions (so called...
Read MoreIn Europe the court of a jurisdiction where a website publishing copyrighted material is accessible, has jurisdiction of a claim for copyright infringement as the place where the damage occurred
In Europe the court of a jurisdiction where a website publishing copyrighted material is accessible, has jurisdiction of a claim...
Read MoreFederal judge issues subpoena for the discovery of documents to be used in foreign proceeding
On October 17, 2014, the New Jersey District Court issued an order granting subpoenas seeking production of documents for use...
Read MoreCIGS as a basis for federal jurisdiction (also over state claims that “derive from a common nucleus of operative fact”) – a short discussion.
On February 18, 2015, the Southern District Court of New York affirmed that the United Nations Convention on Contracts for...
Read MoreForum selection clause enforced notwithstanding North Carolina statutory prohibition.
On June 17, 2014, the District Court for the Middle District of North Carolina enforced a forum selection clause notwithstanding...
Read MoreEU Regulation 1215/2012 enters into force – Enforceable judgments in civil and commercial matters from one Member State are automatically enforceable in any other EU member. On January 10, 2015, EU Regulation 1215/2012 entered into force. The regulation on the jurisdiction, recognition and enforceme
On January 10, 2015, EU Regulation 1215/2012 entered into force. The regulation on the jurisdiction, recognition and enforcement of judgments...
Read MoreConsumer is not bound by an arbitration clause contained in a satellite trial subscription that consumer received when he bought a car because it was not reasonable for him to understand that the use of the satellite would bind him to arbitrate
In Knutson v. Sirius XM Radio Inc., 771 F.3d 559 (9th Cir. 2014) (No. 12-56120) the Ninth Circuit Court of...
Read MoreEnforcement of foreign judgments in the United States? Harvardsky vs. Kozeny breaks new grounds – Damage award in a criminal case domesticated in NY
DAMAGE AWARD IN A CRIMINAL CASE DOMESTICATED IN NY On April 1, 2014, a New York state appellate court found...
Read MoreJurisdiction over Foreign Companies in Italy
After the recently approved Law no. 9/2014 (which transposed into law DL 145/2013), only certain Italian courts have jurisdiction over...
Read More