Transnational Litigation and Arbitration*

Description:

When is litigation "international"? Sometimes its hard to recognize, but failing to recognize it often means missing important issues or analyzing issues incorrectly. This course covers a panoply of special issues which arise in the "private" international commercial law context and their resolution under United States law: foreign state sovereignty, anti-suit injunctions, Act of State doctrine, extra-territorial (other country) application of laws, cross-border asset freezes, the international evidence-gathering and service conventions (Hague Conventions), pleading and proof of foreign laws, and enforcement of foreign country judgments. Cases will be studied with a view to drafting international business contracts so as to minimize troublesome litigation or arbitration issues. The twist brought by an international context to contractual choice of forum and choice of law clauses, in personam jurisdiction, and forum non conveniens will also be reviewed, as will basic issues in international arbitration and the New York Convention.

*Offered every other year