transnational litigation in a nutshell

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Transnational Litigation In A Nutshell

Author : George A. Bermann
ISBN : 0314145842
Genre : Law
File Size : 45. 14 MB
Format : PDF, Kindle
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This 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.

Transnational Litigation

Author : Louise Ellen Teitz
ISBN : STANFORD:36105060441396
Genre : Law
File Size : 41. 15 MB
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Transnational Litigation In United States Courts

Author : Harold Hongju Koh
ISBN : 1587787350
Genre : Law
File Size : 28. 98 MB
Format : PDF
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This 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.

Transnational Litigation

Author : Richard H. Kreindler
ISBN : STANFORD:36105062302034
Genre : Civil procedure
File Size : 75. 54 MB
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Fundamentals Of Transnational Litigation The United States Canada Japan And The European Union

Author : John O. Haley
ISBN : 9781632802354
Genre : Law
File Size : 59. 52 MB
Format : PDF
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Fundamentals of Transnational Litigation: The United States, Canada, Japan, and The European Union, Second Edition is designed to provide students from diverse legal systems with global perspectives on fundamental issues and problems that arise in transnational litigation. The materials included in this book are ideally suited for courses in which both U.S. and international students are enrolled. Fundamentals of Transnational Litigation: The United States, Canada, Japan, and The European Union, Second Edition includes a basic introduction to features of transnational litigation that the principal legal systems worldwide share in common as well as their most salient contrasts. Canadian law provides the perspective of a contrasting common law jurisdiction to the U.S. and thus enables students to appreciate features of U.S. law that are truly exceptional. The Japanese cases and materials are intended to introduce the relevant rules and practices related to transnational litigation in a highly developed and relatively typical civil law jurisdiction. Japan is also one of the most significant U.S. trading partners and Japanese firms are among the most frequent parties in transnational litigation in the U.S. The European Union adds a dimension of equal significance as a regional system with binding rules on transnational litigation for all member states, which include the civil law jurisdictions of continental Europe as well as the common law systems of the United Kingdom and Ireland. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Forum Shopping And Venue In Transnational Litigation

Author : Andrew S. Bell
ISBN : 0199248184
Genre : Law
File Size : 37. 87 MB
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Forum shopping in international litigation and arbitration is the product of the differences which exist in the procedural and substantive laws of countries throughout the world participating in an ever-more globalized economy.This book provides an in-depth study of the conditions for, motivations behind and techniques of forum shopping as well as possible defences against it. It will be of interest to practitioners, judges and academics throughout the common law world, the European Union and the United States.

Transnational Litigation And Commercial Arbitration

Author : Joseph M. Lookofsky
ISBN : 9781929446353
Genre : Law
File Size : 45. 15 MB
Format : PDF
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This volume is a case-oriented comparative study of the rules and procedures regulating the resolution of commercial disputes arising in a transnational context. The study compares European and American rules of private, international and procedural law. Each case is introduced both by a paradigm model, emphasising the key operative facts, as well as by a doctrinal presentation of the main issues and sources of American, European and international law concerned. The court decisions are all extensively revised and annotated. The book is designed for use in upper-level courses in American, European and comparative law and should also be of use as a reference to practitioners.

Transnational Litigation In Comparative Perspective

Author : Stephen C. McCaffrey
ISBN : STANFORD:36105134446694
Genre : Law
File Size : 79. 75 MB
Format : PDF
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Transnational 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

Transnational Law And Practice

Author : Donald Earl Childress III
ISBN : 9781454860938
Genre : Law
File Size : 82. 50 MB
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This unique new casebook emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today s globalized world regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be international law-centric or international court-centric and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. Key Features Practice-oriented. Focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Covers not only international law and international courts, but also the role of national law, national courts, and alternative dispute resolution in transnational practice. Comparative perspectives throughout. Written by a team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions.

Transnational Litigation

Author : Richard H. Kreindler
ISBN : STANFORD:36105060651176
Genre : Law
File Size : 22. 53 MB
Format : PDF, Mobi
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This set is a useful country-by-country reference tool responsive to a litigator's daily need for a convenient and accurate guide to litigation crossing international borders from the beginning to the end of a dispute. Written by litigation practitioners with leading reputationsinternationally and in their respective jurisdictions, this work provides in-depth analysis of important details relating to all aspects of cross-border litigation. A complete table of cases and tables of contents for each country covered are also included. The following topics are covered:Initiation of the contractual relationship; cost-effective avoidance or cessation of disputes; jurisdiction; commencement of the suit; taking of evidence; admissibility and presentation at trial; appeals and reviews; damages and, costs and fees.

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