INTERNATIONAL CASES
U.S. 9th Circuit, May 20, 2008
Duarte v. Bardales, No. 06-56808
In proceedings arising from a petition for the return of plaintiff's children pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, denial of plaintiff's motion to vacate a judgment denying her petition is reversed where: 1) the district court abused its discretion in denying the motion; and 2) equitable tolling is available under the Hague Convention and ICARA to toll the one-year filing period, and such issue is to be addressed on remand.
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U.S. 11th Circuit, May 22, 2008
Gandara v. Bennett, No. 06-16088
A foreigner who has been arrested and detained in this country and alleges a violation of the consular notification provisions of the Vienna Convention on Consular Relations cannot maintain an action under 42 U.S.C. section 1983.
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U.S. 1st Circuit, May 22, 2008
Sourcing Unlimited, Inc. v. Asimco Int'l, Inc., No. 07-2754
A corporate signatory to a written partnership agreement that requires international arbitration of their commercial disputes may not escape arbitration of such disputes by naming as defendants two non-signatories, on the basis that there was no written agreement to arbitrate with those defendants.
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