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2 Int'l L. Update 1 (1996)

handle is hein.journals/intlwup2 and id is 1 raw text is: A monthly report on international legal developments affecting the United States Iuterrnational LaW uydate Editors: Professor John R. Schmertz, Jr., Georgetown University Law Center, and Mike Meier, Esq. January 1996 In en banc opinion in case involving injury on oil rig in waters of United Arab Emirates, Fifth Circuit resolves jurisdictional and choice-of-law issues and ponders abandonment of joint and several liability in maritime tort cases (Page 1) ow First Circuit rules on whether either New York Convention or Title 9 precludes judicial stay of International Chamber of Commerce Court of Arbitration award to allow arbitral consideration of plaintiffs setoff claims against Swedish parties (Page 3) In light of Chapter 15 of NAFTA, Canada and United States agree better to coordinate enforcement of respective competition laws and laws against deceptive marketing practices (Page 4) aw In case of first impression, Ninth Circuit rules on whether First Amendment applies to actions of Australian citizen who played within U.S. third parties' videotape that allegedly defamed public figure (Page 5) aw U.S. government issues rule dealing with international exchange of confidential information on FDA-regulated products (Page 6) Bw Fifth Circuit rules on whether plaintiff can sue the United States under the FTCA for conversion of Adolf Hitler's paintings (Page 9) ADMIRALTY In divided en banc opinion, Fifth Circuit rules that it had admiralty jurisdiction over injury on oil rig in foreign waters, and that federal maritime law, not foreign law, should govern; Court also declines invitation to adopt modified joint liability for federal maritime tort law Maritime Industrial Services (MIS) is a corporation of one of the United Arab Emirates (UAE). Using foreign employees, it specializes in repairing vessels and offshore oil rigs. On a recruiting trip to Mississippi from UAE, an MIS agent hired Earl Coats, a Mississippi domiciliary, for an indefinite term beginning in December 1987. While doing an unfamiliar pressure test on a U.S. flag jack-up rig (Rig 69) moored in UAE territorial waters, Coats severely injured his knee. Penrod Drilling Corporation, a Delaware corporation headquartered in Texas, owned the rig and had contracted for the test. In April 1989, Coats sued MIS and Penrod in a Mississippi federal court based on diversity and admiralty jurisdiction, alleging Penrod's negligence and the unseaworthiness of Rig 69. Coats later added a claim for compensatory and punitive damages against MIS for failing to provide maintenance and cure. Penrod cross- claimed against MIS for indemnity and contribution. After the judge dismissed the punitive damages claim, the jury awarded Coats $925,000 and assigned fault as follows: 20% to Coats, 20% to Penrod and 60% to MIS. Applying U.S. maritime law, the court entered © 1996 Transnational Law Associates, LLC. All rights reserved. Vol. 2

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