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Transnational Litigation in United States Courts by Harold Hongju KohThis readable text by a leading international law scholar provides an incisive, analytic guide to transnational litigation in the United States courts, covering complex doctrines in depth, while remaining clear and accessible for students. All major doctrinal areas are addressed, including transnational public and private law litigation, extraterritoriality, foreign sovereign immunity, the Act of State Doctrine, jurisdiction to adjudicate, service of process, forum non conveniens, transnational discovery, and recognition and enforcement of foreign judgments and injunctive decrees.
Call Number: KF8840 .K64 2008
Publication Date: 2008-08-26
Transnational Litigation in Comparative Perspective by Stephen McCaffrey; Thomas MainTransnational Litigation in Comparative Perspective: Theory and Application is the only casebook that examines the principal issues in transnational litigation from a comparative perspective. Each chapter focuses on a particular core problem that all legal systems must address. The first half of each chapter is devoted to exploring the theoretical context of the issue, thereby enabling students to appreciate the complexity of the problem and to see how achieving a resolution requires balancing competing interests. The second part of each chapter then focuses on how different systems deal with these challenges. Topics covered include protective measures, personal jurisdiction, forum non conveniens, forum selection clauses, state immunity, state doctrine, service of process, gathering evidence abroad, choice of law, and recognition and enforcement of foreign judgments. Distinctive Features *Uses a comparative approach that better prepares future lawyers for international litigation that may be initiated in countries other than the U.S. *Offers a hypothetical at the beginning of each chapter to introduce the fundamental issue; the hypotheticals raise questions that are diagnostic rather than prescriptive, leading to many "right" answers *Accommodates different types of courses--professors who employ a less theoretical approach can use the hypotheticals to ground class discussions *Considers issues unique to arbitration as they arise in connection with the various topics studied
Forum Shopping and Venue in Transnational Litigation by Andrew BellThe rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practicaljurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate isinevitable.Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation.It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reason why much transnational litigation settles once the issue of venue is resolved,in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions,most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicialcomity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selectionarrangements.
Call Number: K5423 .B45 2003
Publication Date: 2003-03-27
Transnational Litigation in a Nutshell by George A. BermannThis title identifies and explores recurring problems caused by private cross-border disputes, while presenting the solutions that appear to be emerging, whether in the form of legislation, case law, treaty or Restatement enumeration. It covers personal and subject matter jurisdiction, parallel litigation, choice of forum, choice of law, extraterritorial discovery, extraterritorial provisional relief, recognition of foreign judgments, pleading, and proof of foreign law. International arbitration is also dealt with, with special emphasis on the role of courts in enforcing international arbitration agreements and effectuating international arbitral awards.
Call Number: Online Resource (Westlaw Study Aids)
Publication Date: 2003-07-14
Transnational Litigation by Richard H. Kreindler (Editor); Judith L. Holdsworth (Editor); John Fellas (Editor)Avoid Procedural Pitfalls With the continuing increase in the complexity of transnational litigation, an accurate procedural guide is absolutely essential to navigate the pitfalls of unfamiliar foreign regulations. Transnational Litigation: A Practitioner's Guide is your comprehensive, hands-on guide to cross-border disputes. A Practical Approach with Tactical Advice This essential set provides a complete understanding of cross-border litigation procedure & strategy. You'll find strategic advice & insight into the procedural, tactical, & substantive issues of over 20 major legal systems. With this invaluable set at your fingertips, you'll be able to quickly orient yourself in the specific foreign litigation culture you are working in. Step-by-Step Guidance For the most complete reference available, each topic is covered from two angles -- one, an explanation of the procedure, & two, the tactical choices available at each step of the litigation procedure & the paths these steps lead to. Contributors to the set provide step-by-step guidance in the following areas * Initiation of the contractual relationship * Cost-effective avoidance or cessation of disputes * Jurisdiction * Commencement of the suit * Taking of evidence * Admissibility & presentation at trial * Appeal & review * Damages * Costs & fees * & much more! Organized by Country & Written by Resident Experts Detailed commentary from expert local practitioners directs you through a country-by-country analysis of important details of transnational litigation in each jurisdiction.
Call Number: Online Resource (Westlaw)
Publication Date: 1997-12-01
Litigating International Law Disputes by Natalie Klein (Editor)Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.
Call Number: KF8858 .E673 2010 (Also available as an e-book)
Publication Date: 2010-01-01
Also available in Print
Transnational Litigation by Richard H. KreindlerThis work is a clear, easy-to-understand guide to the issues and decision points encountered when planning to resolve, or avoid, a transnational dispute. Each basic concept and all facets of litigation procedure and strategy are explored in the context of multi-jurisdictional interaction; that is, exposing the characteristics of one legal system which may, or may not, be available in the other. The analysis elucidates the choices available at the different stages of a transnational litigation. These choices appear in each and every phase of litigation, as well as during the planning process when dispute avoidance is the primary objective. The first half of this book is a practitioner's guide with ample descriptions of how to conduct litigation abroad. The second half is sub-divided into six appendices, and includes a table of cases and a topic index.
Publication Date: 1999-12-29
International Litigation: A Guide to Jurisdiction, Practice and Strategy by David Epstein (Editor); Charles S. Baldwin (Editor)The new Fourth Revised Edition of International Litigation provides U.S. courts practitioners with a step-by-step guide through international litigation, from pre-litigation considerations (obtaining foreign counsel, jurisdiction, choice of forum, etc.) to enforcement of judgments and arbitral awards.Supplemented by practical checklists and strategies throughout, solutions are offered to pressing questions:Does arbitration or litigation afford the better chance for success?What contract drafting, jurisdictional, or enforcement of judgment issues are posed when a foreign sovereign is a party?What Act of State immunities apply to sensitive sovereign or political issues?What motions to dismiss or other procedural issues should be anticipated? Can international differences in service of process, evidence gathering, and jurisdictional points improve or jeopardize the chances for success?
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