European Community - arbitration - Brussels Convention - civil jurisdiction - enforcement of foreign judgments

Article Abstract:

The case of Marc Rich & Co v. Societa Impianti PA concerned whether the High Court of Justice in London or the Italian courts had jurisdiction to rule on arbitration issues under Article 1(4) of the Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters. The European Court of Justice ruled that the London court could appoint an arbitrator because the appointment was outside the Convention's arbitration exclusions, even though the central issue was whether or not a valid arbitration agreement existed.

Judgments, Foreign, Foreign judgments

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NATO Status of Forces Agreement - primary right to exercise jurisdiction - offenses committed in performance of official duty - judicial review of characterization of such offenses - double jeopardy

Article Abstract:

The Court of Trento, Italy, in Public Prosecutor v. Ashby, ruled the North Atlantic Treaty Organization (NATO) Status of Forces Agreement gave the US the primary right to exercise jurisdiction over its military personnel who are accused of crimes while serving with NATO forces in Europe. The case concerned US Marine Corps officers who were accused of negligently allowing their airplane to cut cable car wires at an Italian ski resort, killing 20 people.

Italy, International, Laws, regulations and rules, North Atlantic Treaty Organization, Aircraft accidents

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NAFTA - private investor challenge to Canadian restrictions on import and trade - jurisdiction of arbitral tribunal - place of arbitration

Article Abstract:

The NAFTA Chapter 11 Arbitral Tribunal ruled in Ethyl Corp. v. Canada on jurisdictional issues and whether import bans violated the North American Free Trade Agreement, prompting the government to lift restrictions and settle with Ethyl.

Canada, Foreign investments

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