Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “UAE

Case of the Day: Abdul Latif Jameel Transportation v. FedEx

Posted on September 24, 2019

The case of the day is Abdul Latif Jameel Transportation Co. v. FedEx Corp. (6th Cir. 2019). The case is a big deal in the world of § 1782. One of the great open questions is whether a private international arbitral tribunal is a “tribunal” for purposes of the statute. There were some old cases that said “no,” but then came Intel, in which the Supreme Court adopted a functional test for deciding what is an is not a tribunal. People speculated that in light if Intel courts would begin to say that private arbitral tribunals were tribunals for purposes of the statute, but to date, that hasn’t happened at the appellate level. Today’s decision is the first decision of a circuit court, post-Intel…

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Case of the Day: Baylay v. Eithad Airways

Posted on February 12, 2018

The case of the day is Baylay v. Etihad Airways P.J.S.C. (7th Cir. 2018). Martin Baylay, a British national, was a pilot for Etihad, an Abu Dhabi corporation (and, apparently, an instrumentality of the UAE). Baylay alleged that he was assaulted by Saravdeep Mann, another crew member, during a layover in Chicago. Mann was arrested and released on bond, but he then fled the country with Etihad’s help. The story was covered in the news at back in 2015. Baylay sued Mann Etihad, and others for damages. Etihad moved to dismiss on the grounds that Baylay’s common law claims were barred by the exclusivity provisions of the Illinois Workers’ Compensation Act. Baylay appealed from that decision. His argument was that under the FSIA, only…

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Case of the Day: Badawi v. Alesawy

Posted on July 17, 2017

The case of the day is Badawi v. Alesawy (N.Y. Sup. Ct. 2017). I wrote about the case in 2012 and last year. Here was my description of the facts: The parties were married civilly in New York in 1998, and they had an Islamic wedding ceremony thereafter. As part of the religious ceremony, they signed a mahr agreement that required the husband to make an advance payment to the wife of $5,000, with deferred payment of $250,000 in case of divorce. While living in Abu Dhabi, the wife obtained a divorce, custody of the children, and a judgment for the $250,000 payment due under the mahr. She then sought recognition and enforcement of the Abu Dhabi judgment in New York insofar as it…

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