International Disputes, the Execution of Foreign Arbitral Awards in the Asia Pacific and Two Case Studies
Building a Different Kind of Relationship—A Suggested Treaty Between the United States and China
Kiobel v. Royal Dutch Petroleum Co.
The Supreme Court of the United States held that the principles underlying the presumption against extraterritoriality constrain courts exercising their power under the Alien Tort Statute and that the statute did not apply to violations of the law of nations occurring within the territory of a sovereign other than the United States.
R.B. v. K.G.
The Family Court in New York County, New York held that the petitioner father, pursuant to the Hague Convention on Civil Aspects of International Child Abduction, and its implementing statute, the International Child Abduction Remedies Act (ICARA), successfully carried the burden of proving that the respondent mother wrongfully retained their children in New York and that they should be returned to Israel, their country of habitual residence.
Georges v. United Nations
The U.S.D.C. for the Southern District of New York held that, under the Convention on Privileges and Immunities of the United Nations, the UN and MINUSTAH (Haiti) were entitled to absolute immunity from suit and the Secretary–General and the former Under-Secretary-General for MINUSTAH were entitled to diplomatic immunity.
Hausler v. JP Morgan Chase Bank, N.A.
The U.S. Court of Appeals for the Second Circuit determines that Cuba, in order for an electronic funds transfer to be attachable under The Terrorism Risk Insurance Act of 2002, must have a property interest in the funds.
Rana v. Islam
The U.S.D.C. for the Southern District of New York held that the plaintiff’s claims could survive husband-wife defendants’ motions to dismiss. The plaintiff, a national of Bangladesh, could proceed with his federal claims, alleging violations of the Trafficking Victims Protection Reauthorization Act and the Fair Labor Standards Act, and New York state law, which were brought in federal court under supplemental jurisdiction.
Golden Horn Shipping Co. Ltd. v. Volans Shipping Co. Ltd.
The U.S.D.C. for the Eastern District of New York denied the defendant’s motion to vacate the attachment of $3.9 million from the defendant’s bank account in New York, pursuant to Supplemental Rule E(4) of the Federal Rules of Civil Procedure, because the company controlling the bank account was properly found to be the corporate alter ego of the defendant, a European company.