When a Court Interprets Foreign Law, There Is No Secret Password
December 12, 2016
The Second Circuit recently issued a landmark decision concerning the amount of deference to be given to a foreign state's interpretation of its own laws in U.S. courts. See In re Vitamin C Antitrust Litigation, No. 13-cv-4791, 2016 WL 5017312 (2d Cir. Sept. 20, 2016). The case involved allegations of price fixing by several Chinese companies, and the court held that it was "bound" to accept the interpretation of Chinese law regulating the defendants' conduct provided in an amicus brief by a Chinese government ministry, which led to the case being dismissed on the grounds of international comity.
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