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14 Int'l L. Update 1 (2008)

handle is hein.journals/intlwup14 and id is 1 raw text is: L 11,1 IL11 A SL MI A M AA AVI' Volume 14 1 January 2008 A monthly report on public and private international legal developments 4 t In arbitration dispute, Fifth Circuit decides whether, if it only has secondary jurisdiction under New York Arbitration Convention, it should treat Plaintiffs claims based on RICO and state fraud law that seek to rectify harm suffered from unfavorable Swiss arbitration award as collateral attacks subject to dismissal for lack of subject matter jurisdiction 1 PAGE 2 Where Jewish husband had agreed in writing with his Jewish wife that, immediately after their Quebec civil divorce, husband would grant release from marriage under Jewish Law and where he delayed doing so for fifteen years, Supreme Court of Canada determines whether award to wife of damages for breach of contract is supported by balance of interests in favor of public order and lack of countervailing religious considerations on husband's part 1 PAGE 4 On appeal in damage actions by four U. K. citizens detained at Guantanamo Bay, D.C. Circuit reviews district court's dismissal of claims under Alien Tort Claims Act, Geneva Conventions, and U. S. Constitution, based on its holding (1) that Federal Tort Claims Act (FTCA) controlled and that Defendants' alleged mistreatment of Plaintiffs lay in course of U.S. officials' employment thus barring such claims and (2) that Religious Freedom Restoration Act does not apply extraterritorially to aliens 1 PAGE 9 In case of parallel litigation between New South Wales and Pennsylvania federal court where parties' contract contained clause designating Australian court as proper forum, Federal Court of Australia rules, where defending U.S. party's challenge to its jurisdiction is still pending, on whether Australian party's request for notices for U.S. party to produce documents is or is not premature •0 PAGE 12 Third Circuit determines whether, for federal subject matter jurisdiction under 28 U.S.C. § 1332 to exist, Plaintiff with dual U.S. and foreign citizenship (1) may rely upon her foreign nationality while living abroad as basis for alienage jurisdiction or (2) bank on diversity clause which requires Plaintiffs to show that they are domiciled in U.S. state diverse from that of all Defendants • PAGE 13 TOPICS IN BRIEF HIGHLIGHTS I