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Nysba Winter 2009 | Vol NYSBA WINTER 2009 | VOL. 14 | NO. 2 New York International Chapter News A publication of the International Section of the New York State Bar Association Message from the Chair 2009 has been a year of At the September 15 meeting of the Executive Com- “fi rsts” for our International mittee, we approved three “Long-Term Missions” for the Section: the inauguration of Section: Custodian of New York Law as an International our Announce List-Serve in Standard, Guardian of the New York Convention on the early March; the organization Recognition and Enforcement of Arbitral Awards and the of our fi rst day-long CLE event, Arbitral process, and Monitor of International Law Devel- “Fundamentals of Interna- opments at the United Nations. You can read more about tional Practice” on April 30; the these Missions in the Chapter News section of this News- organization of our fi rst major letter. In addition, we approved Guidelines for Committee Chapter Meeting in India, in Chairs and Chapter Chairs, which synthesize debate and June; our fi rst meeting with discussion going back to our 2006 EC Retreat (Chapter the CLE Directors of New York’s Michael W. Galligan Chairs) and 2007 EC Retreat (Committee Chairs). We also major international law fi rms in August to discuss future approved the establishment of a new Section Committee CLE projects; a breakthrough CLE program in September on International Contract and Commercial Law, which we on Latin American private equity in which we were able hope will play a very signifi cant role in implementing the to offer free CLE credit to our Section’s attendees while of- fi rst of the “Three Missions.” At our October 26 Executive fering a paid-for web conference option through NYSBA’s Committee Meeting, we adopted a proposal by First Vice CLE offi ce, and much, much more. Inside Message from the Chair ..........................................................................................1 Wrongful Termination in Canada: U.S. Employers with Canada-Related Activities Could Be in for an Unpleasant Surprise ....26 Note from the Editor ...............................................................................................3 Ethnicity and the Politics of Power in Post-Conflict Rwanda ................28 Legal and Investment Updates from Various Member Countries Of International Interest Foreign Investments in Brazil ..........................................................................4 Information—The New Trade War? ............................................................30 Brazilian Trade Remedies: Post-Economic Slowdown ..............................9 The African Court of Human and Peoples’ Rights ..................................32 One Step Forward for the Colombian Derivatives Market ....................10 CEDAW Committee: 2009 N.Y. Summer Session .....................................35 Israel: Country Report .....................................................................................11 International Estate Planning for U.S. Citizens .........................................36 Mauritius Latest Developments....................................................................13 Chapter News Arbitration “Alerts” from India ....................................................................15 Remarks by James P. Duffy, III from the Opening Session Italy Is Poised to Embrace Class Action Lawsuits ....................................16 of the India Chapter Meeting ........................................................................37 The Italian Anti-Crisis Decree and Its Ramifications for Companies ...17 Address of Michael W. Galligan from the Opening Session of the India Chapter Meeting ........................................................................38 Three Strikes and You’re…Disconnected: How France Is Trying to Prevent Illegal Downloading ..........................19 Section News Mission Statement ............................................................................................42 Jurisdiction in Member States of the European Union and Arbitration: The End of the Arbitration Exception? ........................................................22 Singapore ...........................................................................................................43 European Data Protection Rules: A Challenge to U.S. Courts Opening Address by Michael W. Galligan in Discovery .......................................................................................................24 from the Singapore Meeting ..........................................................................44 Speech by K. Shanmugam from the Singapore Meeting ........................48 Evolution in the Case Law Regarding Recognition of Foreign Judgments in France ....................................................................25 Committee News ....................................................................................................54 Member News .........................................................................................................55 Chair Andre Jaglom and Secretary Andrew Otis to es- Meeting in New York City from April 14 to 18; the fi rst tablish a new senior offi cer position of Chief Information major Chapter Conference of our Canada Chapters (Ot- Offi cer, with the purpose of coordinating the Section’s tawa and Montreal) on cross-border litigation from June utilization of the various technologies at our disposal for 10 to 11 in Ottawa; our fi rst jointly sponsored conference facilitating communication among our Committees, our with Union Internationale des Avocats on Cross-border Chapters and our members in general. Investment from September 10 to 11 in New York City, and next year’s Annual Seasonal Meeting in Sydney, Our Annual Seasonal Meeting in Singapore contin- Australia from October 27 to 31. I would be remiss in this ued our storied tradition of exceptional annual fall over- Report if I did not mention our outreach to the important seas conferences but it also counted as the fi rst meeting international bar groups with whom we are working at which we have had such an extended opportunity to to publicize our mutual efforts and fi nd ways to work engage representatives of the highest level of govern- together: ABA International, the New York City Bar As- ment in our host jurisdiction in discussions about their sociation and the International Sections of our sister State record and their philosophy in implementing the rule of Bar Associations (approximately 22 in all). We are look- law. More details on this meeting are contained in this ing forward to an exciting 2010 under the leadership of edition of the Chapter News. Steven Krane. I am proud to say that this year we have had the Let me take this opportunity to thank all the Meeting benefi t of programs and meetings in New York City and Conference Chairs, Committee and Chapter Chairs, sponsored by our Committees on the Americas, as well the Senior Offi cers, the Vice-Presidents for Chapters and as our Committees on International Arbitration, Banking for Committees, our several very active former Chairs, and Securities Law, Customs Law, Corporate Counsel, Executive Committee members, the Editors of the New Environmental Law, Human Rights, Investment Law, York International Law Review, the International Law Practi- Insurance and Reinsurance Law, Real Property Law, cum and the New York International Chapter News, all our and Women’s Human Rights. Many more Committees members who supported us in so many different ways organized panels at the Annual Seasonal Meeting in and of course our hard-working staff members in Al- Singapore and for the International Practice Institute that bany for all the work that has made this year of dynamic had been planned for last May. We also welcomed to our growth and new vistas possible. ranks new chapters in Canada (Ottawa and Montreal), China (Hong Kong-Guangzhou-Shenzhen and Shang- Let us all keep in mind that the purpose of all this ac- hai), Czech Republic, Dubai, Korea, Malaysia, Singapore tivity and effort is to support and strengthen the practice and Ukraine and appointed new leadership for our Rus- of law in every relevant fi eld and division of transnational sian and Swedish Chapters, among others. And we set legal practice and to support the rule of law throughout in motion a process that we hope will soon lead to new the world. In this column earlier this year I remarked on chapters in Africa as well. how we were pursuing two seemingly contradictory but profoundly complementary ends: deepening the intensity As the year drew to a close, for the fi rst time ever we of the Section’s work in New York while extending the met with the Marketing Directors of New York Interna- Section’s outreach throughout the world. I think we have tional Law Firms (to explore ways in which we can make seen in this brief period how well moving along these membership in our Section more attractive and more use- two trajectories can inspire and move us. I hope amidst ful for young and not-so-young leaders in the New York all of this activity and new energy, we will keep in mind international legal community) and launched our online and be sustained by the deeper purposes and signifi cance membership directory on our website at www.nysbaintl. of our Section, on which I spoke at greater length at the org. opening of our India Chapter Meeting last June: to sup- The broad contours of major events for 2010 can port and strengthen international civil society as well as already be discerned: Annual Meeting
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