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First National City Bank v. Banco Para el Comercio Exterior de Cuba. 103 S.Ct. 2591

Published online by Cambridge University Press:  27 February 2017

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Type
Judicial Decisions
Information
American Journal of International Law , Volume 78 , Issue 1 , January 1984 , pp. 230 - 232
Copyright
Copyright © American Society of International Law 1984

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References

1 Shortly after BANCEC was dissolved, the parties filed a stipulation agreeing to the substitution of the Republic of Cuba as plaintiff. The district court approved the stipulation; however, no amended complaint was filed, and apparently for this reason BANCEC remained as the nominal plaintiff. The case lay dormant until 1975, when BANCEC filed a motion for substitution of Cubazucar, a Cuban state trading company, as plaintiff. Citibank opposed the motion, and the district court denied it on the ground that such a substitution would unnecessarily multiply the complications in the already complicated litigation.

2 505 F. Supp. 412, 428 (S.D.N.Y. 1980).

3 658 F.2d 913, 920 (2d Cir. 1981).

4 103 S. Ct. 2591, 2597 (citing 28 U.S.C. §1606).

5 Id. at 2603 (relying on National City Bank v. Republic of China, 348 U.S. 356, 361–62 (1955)).

6 103 S. Ct. at 2603.

7 Id. at 2603–04.

8 Separate Opinion, id. at 2605 n.2.