Category Archives: Conflict of Laws

A Comparative Look At The New Hague Principles on Choice of Law & the Restatement (Second) of Conflict of Laws: First Post

As promised, here is the first post in what I hope will be a short series of posts comparing the new Hague Principles on Choice of Law in International Commercial Contracts and the Restatement (Second) of Conflict of Laws. I had a pleasant surprise after noting the publication of the Principles last month: Marta Pertegás, the First Secretary of the Permanent Bureau of the Hague Conference, took an interest in the idea of the post. From this, Jonathan Levin, an NYU law student who is interning this summer at the Permanent Bureau, independently offered to conduct a comparative study for the purposes of these posts. I’ll publish his report with the last post in the series.
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Case of the Day: Martinez v. Bloomberg

The case of the day is Martinez v. Bloomberg LP (2d Cir. 2014). Brian Anthony Martinez, a former employee of Bloomberg LP, sued Bloomberg for wrongful termination in violation of the Americans with Disabilities Act. The facts aren’t that important to the decision. Martinez’s employment contract had an English choice of law clause and an exclusive forum selection clause naming the courts of England as the exclusive forum for disputes. Bloomberg moved to dismiss under FRCP 12(b)(3) for improper venue. 1 The district court dismissed, and Martinez appealed. He argued that the district court was wrong in its view of the scope of the choice of forum clause (i.e., that assuming the clause was enforceable, it did not apply to his ADA claim) and that in any event the clause was unenforceable.
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Notes:

  1. We know, in light of Atlantic Marine, that the correct procedure is to move to dismiss for forum non conveniens, not for improper venue, but that procedural nicety is not key to the decision.

Guest Post: Comments on the Lago Agrio Plaintiffs Enforcement Action in Canada

I asked esteemed fellow blogger Antonin I. Pribetic to help me and Letters Blogatory readers get a grip on the Canadian law that will be at issue in the new Ontario case, and I’m delighted he’s agreed. Antonin is a trial and appellate lawyer practicing in Toronto with a focus on international litigation and arbitration. He is also the author of The Trial Warrior Blog.

My thanks to Ted Folkman for inviting me to write a guest post as a follow-up to the excellent Symposium recently hosted here at Letters Blogatory on forum non conveniens and enforcement of foreign judgments.

Unsurprisingly, a considerable amount of the discussions has revolved around the Chevron Ecuador litigation, including the Second Circuit’s decision in Republic of Ecuador v. Chevron Corp. 638 F.3d 384 (2d Cir. 2011).

As Ted reported here recently, the Lago Agrio plaintiffs have commenced an action in the Ontario Superior Court of Justice to enforce the Ecuador judgment against Chevron Corporation and its Canadian subsidiaries. A copy of the Statement of Claim in Yaiguaje et al. v. Chevron Corporation et al. (Court File No. CV-12-454778) is available here (the “Ontario Enforcement Action”).

This post will provide an overview of the impeachment defenses available in Canada for the recognition and enforcement of foreign judgments and will offer some thoughts on the apparent ‘reverse veil-piercing’ theory implicit in the Statement of Claim in the Ontario Enforcement Action.

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