Publications

Section Newsletter Articles on International Law

Does §1782 allow for discovery in international arbitrations? The Renewed Debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, Lt. By Amy D. Mitchell International and Immigration Law, May 2010 The issue of whether 28 U.S.C. Section 1782 authorizes discovery in private foreign arbitrations is far from settled.
Foreign judgments enforcing arbitral awards are no longer enforceable in themselves in Germany By Mark C. Hilgard and Jan Kraayvanger International and Immigration Law, May 2010 In a landmark decision last year, the German Federal Supreme Court determined that a foreign judgment confirming an arbitral award can no longer be recognized in Germany.
International happenings By Kate Oscarson Alternative Dispute Resolution, May 2010 ADR developments around the world.
Significance of Italian court’s “extraordinary rendition” convictions By Elizabeth Lazicki International and Immigration Law, May 2010 “Extraordinary rendition” is a controversial practice which “involves the snatching of suspects and their forcible transfer for interrogation to third countries—often those states where torture is routinely employed.”
Ten hallmarks of effective international arbitration agreements By William H. Knull International and Immigration Law, May 2010 A list of the ten most important characteristics of an enforceable, functional dispute resolution clause.
U.S. charities and international philanthropy: What you need to know By Stephanie J. Bagot Corporate Law Departments, May 2010 U.S. charities should carefully evaluate their policies and procedures to ensure they comply with IRS and Federal counter-terrorism regulations.
International arbitration news By Kate Oscarson Alternative Dispute Resolution, April 2010 ADR updates from around the world.
Meet the Section Council International and Immigration Law, March 2010 Get to know Patrick M. Kinnally and Cristen Meadows, two more members of the International & Immigration Law Section Council.
Summary of comments by Ms. Ioana Navarrete, Consul for the Protection Department, Mexican Consulate By Cindy G. Buys and Anne M. Skallerup International and Immigration Law, March 2010 Ioana Navarette served as a guest speaker at the ISBA's Midyear Meeting in December. Click to read a synopsis of her views.
Arbitrability of shareholders’ disputes under German Law By Jan Kraayvanger and Mark C. Hilgard International and Immigration Law, February 2010 It has been a matter of dispute for a long time whether and under which preconditions disputes regarding the validity of shareholders’ resolutions of a German limited liability company (GmbH) are arbitrable.
Does §1782 allow for discovery in international arbitrations? The renewed debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, Lt. By Amy D. Mitchell Alternative Dispute Resolution, February 2010 With the steady increase in transnational business activity, international arbitration is becoming the method of choice for resolving cross-border disputes. For that reason, the question of whether private international arbitral panels are “foreign or international tribunals” within the scope of Section 1782 is more significant than ever. The answer to this question could change the nature of international arbitration.
The International Criminal Court and other forms of international justice By David W. Aubrey International and Immigration Law, February 2010 The field of international criminal law faces a remarkable conundrum. On one hand, international criminal law prosecutes barbaric crimes, such as genocide, slavery, torture, apartheid, and racism. Yet on the other hand, the “criminals” who inflict these crimes are difficult to bring to justice because they are often officials of sovereign governments. Though this tension creates practical hindrances, there has been measurable progress to empower international mechanisms to hold perpetrators accountable for their crimes.
Meet the Section Council International and Immigration Law, February 2010 The members of the International and Immigration Law Section Council bring to the ISBA and the Council a wide range of expertise and interests. Click to read an introduction to Section Council members Violeta Balan and Juanmanuel Garcia-Sanchez.
Pro bono attorneys needed International and Immigration Law, February 2010 The National Immigrant Justice Center periodically publishes a list of cases for which pro bono attorneys are needed to represent asylum seekers and other immigrants in need of protection.
U.S. charities and international philanthropy: What you need to know By Stephanie J. Bagot Corporate Law Departments, December 2009 International giving by U.S. charities is estimated to have reached a record in 2007 of $5.4 billion.
Arbitration and the Arab Middle East: Some thoughts from a commercial lawyer By Howard L. Stovall International and Immigration Law, November 2009 Islamic law encourages arbitration of disputes, as does the European civil law jurisdictions that have most influenced the Arab Middle East. Yet while Western businesses are increasingly using arbitration to resolve disputes in international commercial transactions, acceptance has been slower in the Arab world.
Dubai: A regional arbitration center? By Raid Abu-Manneh International and Immigration Law, November 2009 Following the recent establishment of the LCIA-DIFC Centre at the Dubai International Financial Centre (DIFC), Dubai now has two international arbitration centres. This reflects the increasing acceptance of arbitration in the Middle East and the progress made in developing arbitration in Dubai.
The growing role of alternative dispute resolution in international trade agreements By Colin McGowan Alternative Dispute Resolution, November 2009 Free trade agreements, more often than not, have begun to contain ADR related clauses and mechanisms. These clauses, if drafted correctly, will be able to provide the groundwork for a more effective resolution between the two parties in the event a dispute should arise.
Ideas for submissions to The Globe International and Immigration Law, November 2009 If any member of the International & Immigration Law Section is interested in writing an article for The Globe, but is having trouble selecting a topic, the ISBA E-Clips provide a source of ideas. Every few days there will be a case mentioned concerning “Aliens” which will mention a federal court decision. Any of these cases can be the basis of a short article or case note for The Globe.
International arbitration procedures—A look at the use of arbitration internationally: Arbitration procedures in the United Kingdom By Colin McGowan Alternative Dispute Resolution, November 2009 In 1996, after a lengthy effort, the United Kingdom introduced Arbitration Act 1996.
Issues for discussion International and Immigration Law, November 2009 At a recent Section Council meeting of the International and Immigration Law Section, the members present decided that, from time to time, questions would be posed to all the members of the Section Council. Their responses would then be provided as an item in The Globe. The concept is to broaden the discussion of issues that the international and immigration practitioner is apt to face.
2009 US-China Legal Exchange International and Immigration Law, October 2009 The US Department of Commerce (DOC) hosted a senior delegation from China in October 2009 to discuss China’s amendments to the Patent Law and the draft Telecommunications Law as part of the 2009 US-China Legal Exchange.
It’s past time to ratify the UN Convention on the Law of the Sea By Cindy G. Buys International and Immigration Law, October 2009 In May of this year, the Obama Administration announced its treaty priority list. Prominent on that list is the Administration’s support for Senate advice and consent to the 1982 United Nations Convention on the Law of the Sea Treaty.
Mexico replaces all 700 of its customs inspectors and replaces them with 1,400 newly trained agents By Mark E. Wojcik International and Immigration Law, October 2009 In August, Mexico announced that it had replaced all 700 of its customs inspectors with 1,400 new agents who were specially trained to detect weapons, narcotic drugs, and other contraband as well as “big-ticket appliances” such as televisions that may be smuggled into Mexico without paying the applicable import duties.
New German arbitration rules meant to expedite proceedings By Mark C. Hilgard and Jan Kraayvanger International and Immigration Law, October 2009 One of the most important advantages of arbitration, when compared to litigation, is supposed to be speed. However, there is growing criticism that in recent years commercial arbitration has become too lengthy and, as a result, too expensive.
Developments in Swiss business law for the first half of 2009 By Florian S. Jörg International and Immigration Law, September 2009 International business law updates.
Haiti tries again for Temporary Protected Status By Sara A. Raheb International and Immigration Law, September 2009 On January 6, 2009, U.S. Representative Alcee L. Hastings reintroduced legislation to grant Haitians Temporary Protected Status.
International HR economic downturn toolkit: What you need to know to project-manage cross-border restructurings, pay-cuts, and reductions-in-force By Donald C. Dowling, Jr. Corporate Law Departments, June 2009 When a U.S.-headquartered employer suffers economic difficulties and needs to cut back its human resources costs, the first strategies that will likely come to mind are U.S.-style retrenchments like restructurings, pay-cuts, and reductions-in-force. This “toolkit” addresses how American-based multinationals can project-manage a cross-border human resources retrenchment across operations outside the U.S. 
Obtaining deposition testimony from witnesses abroad: A primer for Illinois lawyers By Timothy J. Chorvat and Jill M. Hutchison Civil Practice and Procedure, June 2009 In seeking discovery from non-parties who are located outside the United States, the greatest limitations an attorney is likely to face will be restrictions imposed by the jurisdiction in which the deponent is located.
Recent developments in merger enforcement and policy under China’s new anti-monopoly law By Michael Jacobs Antitrust and Unfair Competition Law, June 2009 Over the past several months,four important developments have shed some light on the short-term future of merger analysis in China.