Tag Archives: UK

Case of the Day: Commissions Import Export v. Republic of the Congo

The case of the day is Commissions Import Export, S.A. v. Republic of the Congo (D.D.C. 2015). I’ve written about this case twice before, once in the D.D.C. and once in the D.C. Circuit. In the previous case, the question was: when a party to a foreign arbitration has obtained a judgment confirming the award from a foreign court and then seeks recognition and enforcement of the foreign judgment rather than of the award in a US court, does the statute of limitations in § 207 of the FAA preempts any longer statute of limitations available under state law governing the recognition and enforcement of foreign judgments? The D.C. Circuit said no, and so the case was back in the district court on remand to consider the merits of Commisimpex’s claim for recognition and enforcement of the foreign judgment.
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Update on the Alexander Hilton Extradition Case

I’ve written several posts on the extradition case of Alexander Hilton here in Boston. Here’s my summary from the first post:

Hilton, then a student at St. Andrews University, was accused by the Scottish authorities of the attempted murder of Robert Forbes, a fellow student, in March 2011. The claim was that Hilton induced Forbes “to consume a quantity of methanol mixed with red wine.” After the Scottish authorities made a request for extradition, Hilton was arrested on a complaint brought by the US Attorney under 18 U.S.C. § 3184.

Hilton conceded that there was a valid extradition treaty, that the crime charged was covered by the treaty, and that the government had shown probable cause to believe that he had committed the offense charged. However, he resisted extradition. He pointed to his mental health problems, which the magistrate judge could not justify relief. He also claimed that extradition would violate his constitutional rights because under Scots law, Hilton would be tried by a jury of 15, and he could be convicted by a majority vote of the jury.

The magistrate judge rejected this argument and issued a certificate of extraditability.

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