Ariel Freaner v. Enrique Martin Lutteroth Valle, Case No. 11CV1819 JLS (MDD) (S.D. Cal. 2011), involves the removal of a case to federal court and the court's decision to maintain federal jurisdiction, and not remane, under the New York Convention. The issue is an important one for international litigation practitioners.
The noteworthy holdings in the decision include:
First, the Court determined that the international agreement among the parties was one that "falls under" the New York Convention. Said the Court,
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