When Contract and Arbitration Are International Briefed Case Appeals court held that when a U.S. firm made a contract with a foreign nation in that nation, and the nation agreed to international arbitration to resolve disputes, U.S. courts did not have personal jurisdiction over the foreign nation to enforce the international arbitration award. Briefed Case Appeals court upheld dismissal of a suit by an Indonesian citizen against an American company operating a mine in Indonesia. The claims of genocide, human rights violations, and environmental abuses were not backed by any evidence, only assertions, so could not stand. Briefed Case Appeals court affirmed the decision of district court to dismiss a suit brought by creditor of a Brazilian bank that defaulted on payment of notes. At the time payment was due, the bank was under liquidation proceedings under Brazilian law.
Comity requires U.S. courts to respect such proceedings.
An appeals court upheld the verdict of a district court to dismiss a request by a party that U.S. courts enforce arbitration awards that were set aside by the Nigerian High Court. Since the parties to the contracts specified that Nigerian law would govern, the determination of that nation's court to set aside the awards is to be respected and the matter will not be reviewed. Congress May Protect Beastie Boys from Bootleggers Briefed Case Appeals court upheld the constitutionality of a statute Congress passed based on an international treaty that calls for international protection of intellectual property, including protection for recording artists against bootleg recordings made at live performances. Briefed Case Federal court in Texas moved a suit by Bolivia against tobacco companies to federal court in Washington after it had been moved to federal court from the rural Texas state court where the case wea filed. Multiple similar actions might be consolidated in Washington for a complex trial.