Recently added articles from International Law Update:
District of Columbia Circuit holds that, if Country where arbitration award was made lawfully nullifies it, this makes award unenforceable in the U.S. under the Federal Arbitration Act or New York Arbitration Convention.(contracts of TermoRio S.A. E.S.P. and Electrificadora del Atlantico S.A.)
May 01, 2007 ... TermoRio S.A. E.S.P. (Plaintiff) entered into a Power Purchase Agreement (PPA) with Electrificadora del Atlantico S.A. E.S.P. (Defendant). Plaintiff generally agreed to generate electricity and Defendant, a state-owned public utility, agreed to buy it. When a dispute arose, the parties ...
In action under Australian Copyright Act, High Court rules that model of "sportboat" designed by Plaintiff and marketed in United States and elsewhere did not constitute "work of artistic craftsmanship" under Act but mainly involved naval engineering skill.(Australian Copyright Act of 1968)
May 01, 2007 ... The respondent in the High Court of Australia is Mr. J. H. Swarbrick (Plaintiff below); he is a naval architect who has designed many yachts. He controls Swarbrick Yachts International Pty. Ltd.(SYI) which manufactures a yacht sold as the "JS 9000" in Australia, Europe, the United States ...
In case of U.S.'s seizure of funds from interbank account held by Jordanian bank because forfeited checks had been deposited into accounts in Jordan, First Circuit finds that owners of forfeited deposits own interbank account funds to extent that, at time of seizure, bank owed any obligations to forfeited deposit owners.(Union Bank For Savings & Investment)
May 01, 2007 ... The United States (Plaintiff) seized over $2.8 million from an interbank account held by Union Bank for Savings & Investment (Jordan) (Defendant) at the Bank of New York. The $2.8 million corresponded to cashier's checks drawn on U.S. banks and deposited into customer accounts with ...
Ninth Circuit decides that Plaintiff may not attach default judgment against third party Iran had obtained in California federal court as unblocked asset under TRIA or under Foreign Sovereign Immunities Act where judgment assets had gone into Iranian treasury and where assets not used for commercial activity in United States; repatriation into a ministry's budget does not constitute commercial activity.
May 01, 2007 ... In October 1977, the Iranian Ministry of Defense (MOD) entered into two contracts with Cubic Defense Systems (Cubic), an American defense contractor, for the sale and service of an Air Combat Maneuvering Range (ACMR). Iran made partial payment on the ACMR. After the Iranian Revolution of ...
In case of foreign government seeking to bring breach of contract suit against U.S. Contractor under third-party beneficiary theory pursuant to Foreign Military Sales (FMS) agreement under Arms Export Control Act, Fourth Circuit holds that, unlike Direct Commercial Sales (DCS) process, FMS method of procurement does not place foreign buyer in privity with manufacturer.
May 01, 2007 ... The U.K. Ministry of Defense (UK MOD) entered into a Letter of Agreement (LOA) with the United States to buy auxiliary output chips (AOC) manufactured by Trimble Navigation Limited (Trimble). The U.S. entered into separate agreements with Trimble for the production and delivery of the ...
Where Plaintiff operator of London Futures Exchange employed Defendant in position involving innovation, English Court of Appeal, Civil Division, holds that, under English patent statute, Plaintiff owned Defendant's inventions dealing with electronic trading of various forms of futures contracts so that Defendant was unable to obtain U.S. patents on his system.(Patents Act 1977)
May 01, 2007 ... The Plaintiff below was LIFFE Administration and Management, the operator of the London Futures Exchange. In July 2001, it had hired Dr. Pavel Pinkava (Defendant) as a manager in its Interest Rate Product (IRP) Management Team. By July 2004, Defendant had come up with a system which ...
In case of alleged whistleblower discrimination by Japanese employer doing business in United States, Ninth Circuit finds that U.S. Japan Treaty of Friendship, Commerce and Navigation does not preempt state employment laws, unless latter conflict with limited Treaty right to discriminate in favor of hiring Japanese citizens.(Japan Airlines Company Ltd.)
May 01, 2007 ... Martin Ventress, a flight engineer, and Jack Crawford, a commercial pilot (Plaintiffs), complained of an incident in which JAL required a seriously ill pilot to fly in violation of American and Japanese aviation laws. Ventress and Crawford were employed by Hawaii Aviation Contract ...
United States adds new Middle East nations to human trafficking blacklist.(Brief article)
May 01, 2007 ... The U.S. Department of State (DOS) has newly placed four Middle East allies on its blacklist of countries that have not tried hard enough to prevent trafficking in people. Listed nations are subject to sanctions for not doing enough to stop the yearly flow of 800,000 ...
Australian court has convicted American Movie Star for unpermitted possession of performance-enhancing drug.(Sylvester Stallone)(Brief article)
May 01, 2007 ... Actor Sylvester Stallone has pleaded guilty in an Australian state court to importing restricted muscle-building hormones into Australia and the court ordered him to pay more than $9,870 in fines and court costs. According to local police, "Sly" had been unable to ...
Court of First Instance rules for Budweiser in EU trademark dispute.(Anheuser-Busch Companies Inc.)(European Union)(Brief article)
May 01, 2007 ... The European Union's Court of First Instance (CFI) upheld several Anheuser-Busch (Defendant) trademarks, while dismissing a challenge from Czech brewing rival, Budejovicky Budvar NP (Plaintiff). This is the latest ruling in one-hundred years of disputes in the courts ...