Litigation and Alternative Dispute Resolution

Litigation against a Foreign Sovereign in the  USA
To Recover Artworks on Temporary Loan:
The Malewicz Case
Howard N. SPIEGLER  of TAGLaw's New York City Member -- Herrick, Feinstein LLP -- recently published an article on this subject in the journal,  Juriste International.    The article opens as follows:
A European government-owned museum lends a number of artworks to two American museums for temporary exhibition. The borrowing museums were careful to secure the necessary certifications from the United States Department of State to ensure that the artworks would be immune from seizure by any U.S. court. Shortly before the exhibition closes and the works returned to the lender, however, an action is commenced in a federal court in the United States against the lender- government by claimants seeking to recover the artworks, who assert that they were wrongfully expropriated from their family fifty years earlier. The claimants' assertion of jurisdiction over the government-lender is based, in part, on the presence of the artworks in the United States pursuant to the loan that had been immunized from judicial seizure. The lender-government moves to dismiss the lawsuit, claiming that since the artworks were present in the United States pursuant to a grant of immunity from seizure by the U.S. Government, such presence cannot serve as the basis for jurisdiction over the government-lender in a suit to recover the artworks.  The United States Government submits a formal Statement of Interest to the Court, indicating its concern that a government that loans artworks for exhibition to the United States would be unlikely to expect that after securing immunity from judicial seizure; it could still be subject to a lawsuit in the United States to determine ownership of the artworks. This was the situation facing the District Court of the District of Columbia in the recently-decided case of Malewicz v. City of Amsterdam,362 F. Supp. 2d 298 (D.C. Cir. 2005 ) 
To download a PDF file containing the entire article, click Herrick_Juriste International.pdf (172.47 KB)

Global Arbitration Review ranks David J.A. Cairns of B. Cremades y Asociados as a leader of a new generation at the international arbitration bar

Madrid, March 2006: Global Arbitration Review has ranked David J.A. Cairns of B. Cremades y Asociados as one of the world’s 45 leaders in the field of international arbitration under the age of 45 (‘45 under 45’, Global Arbitration Review, 2006 Issue 1).

Global Arbitration Review identified their 45 leaders after a survey of practitioners in the field at the end of last year. There were 254 candidates and nearly 8000 votes were cast. David is the only Spanish-based lawyer included in the final 45.

David has specialised in international commercial and investment arbitration with B. Cremades y Asociados since 1999. He acts as both counsel and as an arbitrator. His practice covers all types of contractual disputes, and particularly construction and infrastructure projects, intellectual property disputes, international sale of goods, and licensing and distribution. He is admitted to the Madrid, England and New Zealand bars, and is a Fellow of the Chartered Institute of Arbitrators in London.

These minutes record the 2 proposals that were discussed in New Orleans by the specialty group.  The first relates to the set up of a mediation referral network through TAGLaw.  The second looks at ways of increasing business between the firms.

Read more: Minutes of Litigation and ADR Group Meeting in New Orleans