New York International Law Review

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  • About This Publication

    The New York International Law Review features peer-written substantive articles relating to the practice of international law on such topics as NAFTA, terrorist financing restrictions, the collection of money judgments outside the U.S., foreign direct investments, and trade agreements. Edited by Lester Nelson, Esq., with the assistance of St. John's University School of Law, the New York International Law Review is published twice per year by the International Section and distributed to Section Members free of charge.

    The New York International Law Review is published as a benefit for members of the International Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.
    © New York State Bar Association. All rights reserved. ISSN 1050-9453 (print) ISSN 1933-849X (online)

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  • Table of Contents Current Issue

    Summer 2014

    Articles

    Keeping Trusts Out of Court: Toward Arbitrating Trust Disputes in Singapore
    Huai Yuan Chia

    Landlocked Countries and the Law of the Sea: Economic and Human Development Concerns
    Benjamin R. Hutchinson

    No Longer the Sleeping Dog, the FCPA Is Awake and Ready to Bite: Analysis of the Increased FCPA Enforcements, the Implications, and Recommendations for Reform

    Rouzhna Nayeri

    Recent Decisions

    Troma Entertainment, Inc. v. Centennial Pictures Inc.

    New York’s long-arm statute did not confer jurisdiction over two defendants for misappropriating plaintiff’s copyrighted films and selling them to a German company that broadcast them.

    In re Application of Kreke Immobilien KG
    The U.S.D.C. for the S.D.N.Y. held that foreign litigants could not rely on U.S. courts to preempt discovery procedures of foreign tribunals with clear jurisdictional authority where the applicant’s request is for documents located overseas.

    In re Air Crash Near Clarence Center 
    The U.S.D.C. for the W.D.N.Y. held that New York law applied to the issue of compensatory damages in a conflict-of-laws case stemming from the death of a man’s wife in an airplane crash, even though both parties were domiciled in China at the time of the accident.

    D.T.J. v. Schmirer
    The U.S.D.C. for the S.D.N.Y. denied petitioner’s petition for the return of his daughter to Hungary from the United States, because the daughter and respondent Schmirer established three affirmative defenses provided by the Hague Convention on the Civil Aspects of International Child Abduction.

    Estate of Heiser v. Bank of Tokyo Mitsubishi UFJ

    Petitioners sought to enforce a judgment against entities that the U.S.D.C. for D.C. had found to be instrumentalities of the Islamic Republic of Iran. The U.S.D.C. for N.Y. held that the assets identified by the petitioners could be attached in satisfaction of a judgment and that no OFAC license was required.
     
    Bridas International S.A. v. Repsol, S.A.
    The Supreme Court, New York County, dismissed claims of Bridas International S.A. against Repsol S.A., Spain’s largest oil company, because the Noerr-Pennington doctrine insulated the defendant from liability for threatening the commencement of a lawsuit.