Transnational Litigation Blog

Sanctions clauses in insurance contracts say that the insurer doesn't have to pay if doing so would violate U.S. sanctions. U.S. courts rarely interpret these clauses, but the DIFC court in Dubai just has. Pamela Bookman and Matt Salavitch analyze the decision and its implications. https://lnkd.in/gAkdYx3U

When can a court issue an injunction against enforcement of a foreign judgment or arbitral award? Hannah Buxbaum discusses her new paper with Ralf Michaels on anti-enforcement injunctions, explaining how they relate to anti-suit injunctions. https://lnkd.in/ggFYVrsY

Can a federal court in New York order Argentina to turnover shares of stock outside the United States to satisfy a judgment? DOJ filed a letter earlier this month arguing that the answer is no. But the Second Circuit has held that the FSIA does not confer immunity on foreign assets, and the New York Court of Appeals has held that New York's turnover statute applies extraterritorially. William Dodge explains why DOJ may be mistaken here. https://lnkd.in/gdef9t3p

A Kazakh businessman alleges other Kazakh businessmen looted his company with the acquiescence of the Kazakh government, squirreled the money away in the U.S., and used those funds to buy property in New York and California. A New York state court recently dismissed his claims based on international comity because the allegations touch on foreign government conduct. Paul Stephan explains why this was a mistake: https://lnkd.in/eTAmY5TR

Maggie Gardner complements a SD Texas order for carefully parsing international service under Rule 4(f) & the Hague Service Convention - and for appreciating the stakes of getting it right: https://lnkd.in/ehKNknWz Some of these questions are hard! But the easy takeaway is that you have to at least try formal service - especially when we are talking about 🇨🇦, where service compliant with the HSC is about as easy as it gets.

Choice of law clauses can be sensible in prenuptial agreements - especially if the spouses hail from different countries and are professional athletes. John Coyle covers the divorce case of NHL player Mikko Koivu, whose Finnish choice of law clause in his prenuptial agreement was recently enforced by the Minnesota courts: https://lnkd.in/eG745sHr

What is judicial deference to the executive branch going to look like in Trump 2.0? William Dodge explains how judges should handle that question in immunity cases, including in Halkbank (which is likely on its way back to the Supreme Court). https://lnkd.in/eVhZQrei

Courts do not agree about discovery in aid of proceedings before the EU's Unified Patent Court. This disagreement about the scope of 28 U.S.C. 1782 is definitely one to keep an eye one, as Zachary Clopton explains: https://lnkd.in/e7pUwSC3

X has a new forum selection clause! Can you guess the fora that it selects? John Coyle analyzes the enforceability of the new clause: https://lnkd.in/eDfStrZk

Today at the Transnational Litigation Blog, Professor Zachary Clopton discusses an under-explored aspect of the Second Circuit's Halkbank decision: Who speaks for the Executive on foreign sovereign immunity? https://lnkd.in/eaXrVQ9b