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Documents on international law
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|Brussels Regulation Reform—Effects Felt Beyond Europe|
Christopher Braithwaite, Adam R. Brown, Lucas J. Moore; Jones Day;
July 14, 2014, previously published on July 2014From 10 January 2015, the reformed Brussels Regulation will be applied by the courts of all Member States of the European Union to regulate matters of jurisdiction and the recognition and enforcement of judgments in connection with civil and commercial claims. The impact of the "key"...
|Choice of Contractual Governing Law: A Key Risk Management Tool|
Stephen Antle; Borden Ladner Gervais LLP;
July 9, 2014, previously published on July 4, 2014This is the first in a series of bulletins highlighting practical strategies for dealing with common issues in international business transactions and disputes. This bulletin is about choice of contractual governing law - a key risk management tool in international business transactions.
|Make 'Em Pay! Sovereign Nation Or Not|
Joseph T. King; Burr & Forman LLP;
July 7, 2014, previously published on June 26, 2014On June 16, 2014, the United States Supreme Court ruled that the Foreign Sovereign Immunities Act doesn't forbid or limit post-judgment discovery in aid of execution. Indeed, there is nothing wrong with a judgment creditor seeking discovery in a supplemental proceeding of a sovereign nation's bank...
|U.S. Supreme Court Rejects Limits on Post-Judgment Discovery Into Foreign States’ Assets: Supreme Court Holds That Post-Judgment Discovery Into the Overseas Assets of a Foreign State Is Not Barred by the Foreign Sovereign Immunities Act|
Sullivan Cromwell LLP;
June 27, 2014, previously published on June 16, 2014The U.S. Supreme Court held today that the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1602 et seq., does not bar post-judgment discovery into the overseas assets of a foreign state. In Argentina v. NML Capital Ltd., No. 12-842 (June 16, 2014), a divided Court affirmed the Second...
|Rating Agency Liability to Investors Upheld by Australian Federal Court of Appeals|
Steven W. Fleming; Jones Day;
June 24, 2014, previously published on June 2014In a landmark decision, a bench of three judges of the Full Federal Court—which essentially acts as the Federal court of appeal in Australia—has, in ABN AMRO Bank NV v Bathurst Regional Council  FCAFC 65, unanimously upheld a first instance decision which ruled that global ratings...
|Conflict Over Proportionate Liability Laws in Australia|
John Emmerig, Michael Legg; Jones Day;
June 24, 2014, previously published on June 2014The judgments in two Full Court decisions of the Federal Court, delivered one week apart, have reached quite different views on an important aspect of the operation of the proportionate liability laws for a number of important federal statutory regimes.
|The Importance of Borders in a Borderless World: Ontario Court Stays Action for U.S. Transportation Taxes|
Byron Shaw; McCarthy Tétrault LLP;
June 23, 2014, previously published on June 4, 2014In Prince v. ACE Aviation Holdings Inc., the Ontario Court of Appeal stayed a class action based on allegations that Air Canada had improperly collected transportation taxes levied under the U.S. Internal Revenue Code (the “Code”). The Court’s decision highlights the difficulty in...
|Pending Deadlines and Electronic Filing Requirement for Those with Foreign Assets or Accounts|
Alex P. Trostorff; Jones Walker LLP;
June 16, 2014, previously published on June 2014U.S. citizens and resident aliens, including those with dual citizenship who have lived or worked abroad during all or part of 2013, may have a U.S. tax liability and a filing requirement in 2014, with the June 16 filing deadline quickly approaching. In addition, taxpayers with foreign accounts...
|What Trade Facilitation Is and Why It Matters|
Evelyn M. Suarez; Williams Mullen;
June 13, 2014, previously published on June 9, 2014It was big news, at least in international trade circles. The World Trade Organization (“WTO”) finalized a Trade Facilitation Agreement (the “Agreement”) at the 9th Ministerial Conference in Bali, Indonesia, on December 7, 2013. The Agreement was the first WTO trade...
|MiFID 2 ESMA Issues First Consultation Papers|
Dentons Canada LLP;
June 9, 2014, previously published on May 28, 2014The European Securities and Markets Authority (ESMA) has issued its first consultation papers on implementing the "MiFID 2" package. Although the adopted legislation has not yet been published in the EU Official Journal, ESMA has so much to do it needs to start the process now.