Transnational Civil Litigation

Author : George Rutherglen
Publisher : Foundation Press
Page : 128 pages
File Size : 55,9 Mb
Release : 2016-09-19
Category : Electronic
ISBN : 1634595009

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Transnational Civil Litigation by George Rutherglen Pdf

This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and substantive human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.

Author : JOACHIM E.. COLLINS ZEKOLL (MICHAEL G.. RUTHERGLEN, GEORGE A.),Michael Collins,George Rutherglen
Publisher : West Academic Publishing
Page : 0 pages
File Size : 42,5 Mb
Release : 2023-01-25
Category : Electronic
ISBN : 1684676185

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Transnational Civil Litigation by JOACHIM E.. COLLINS ZEKOLL (MICHAEL G.. RUTHERGLEN, GEORGE A.),Michael Collins,George Rutherglen Pdf

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Author : American Law Institute
Publisher : Cambridge University Press
Page : 248 pages
File Size : 51,8 Mb
Release : 2005-12-12
Category : Law
ISBN : 1139448587

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Principles of Transnational Civil Procedure by American Law Institute Pdf

The American Law Institute and UNIDROIT (International Institute for the Unification of Private Law) are preeminent organizations working toward the clarification and advancement of the procedural rules of law. Recognizing the need for a 'universal' set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions, Principles and Rules of Transnational Civil Procedure was launched to create a set of acceptable rules and principles that would be accepted globally. This work strives to reduce uncertainty for parties obliged to litigate in unfamiliar surroundings and promote fairness in judicial judgments. As recognized standards of civil justice, Principles and Rules of Transnational Civil Procedure can be used in pleadings, development, and presentation of evidence, legal argument, and tribunal judgments such as arbitration. The result is a work which significantly contributes to the promotion of a universal rule of law norm.

Author : George A. Bermann,William S. Dodge,Donald Earl Childress
Publisher : West Academic Publishing
Page : 534 pages
File Size : 44,8 Mb
Release : 2021-01-15
Category : Civil procedure
ISBN : 1683286545

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Transnational Litigation in a Nutshell by George A. Bermann,William S. Dodge,Donald Earl Childress Pdf

This title identifies and explores recurring issues of jurisdiction, procedure, and choice of law entailed in the resolution of transnational disputes in U.S. courts. It covers the sources of transnational litigation law in the United States, personal and subject matter jurisdiction, parallel litigation, foreign sovereign immunity and the act of state doctrine, choice of law, extraterritorial discovery, extraterritorial provisional relief, recognition of foreign judgments, and the role of courts in connection with international arbitration.

Author : Mads Tønnesson Andenæs,Neil Andrews,Renato Nazzini
Publisher : British Institute for International & Comparative Law
Page : 0 pages
File Size : 50,7 Mb
Release : 2004
Category : Actions and defenses
ISBN : 0903067978

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The Future of Transnational Civil Litigation by Mads Tønnesson Andenæs,Neil Andrews,Renato Nazzini Pdf

English responses to the ALI/UNIDROIT Draft Principles and Rules of Transnational Civil Procedure.

Author : Gary Born,Peter B. Rutledge
Publisher : Aspen Publishers
Page : 0 pages
File Size : 54,9 Mb
Release : 2011
Category : Civil procedure
ISBN : 0735507554

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International Civil Litigation in United States Courts by Gary Born,Peter B. Rutledge Pdf

"The law governing international civil litigation has changed dramatically in the five years since the fourth edition was published. Recent decisions of the United States Supreme Court have had a significant impact on fields such as personal jurisdiction, sovereign immunity, and extraterritoriality. This current edition reflects those changes and raises important questions about the broader implications of those decisions ... Developments in this field are of course not limited to the United States. While the book still focuses primarily on United States law, the current edition deliberately incorporates more excerpts, more extensive references, and more questions concerning foreign law, especially European law. In part, this reflects an important reality--that successful practice in this area, even for the United States lawyer, requires a keen understanding of other legal systems". -- PREFACE OF THE FIFTH EDITON.

Author : Donald Earl Childress III,Michael D. Ramsey,Christopher A. Whytock
Publisher : Aspen Publishing
Page : 1056 pages
File Size : 43,5 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781543817522

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Transnational Law and Practice by Donald Earl Childress III,Michael D. Ramsey,Christopher A. Whytock Pdf

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Transnational Law and Practice 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. New to the Second Edition: Substantially re-written chapter on recognition and enforcement of foreign judgments to reflect recent important developments Excerpts from and discussion of new Supreme Court decisions on extraterritoriality, personal jurisdiction, the Alien Tort Statute and Foreign Sovereign Immunity Excerpts from the new Restatement (Fourth) of the Foreign Relations Law of the United States and the draft Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Professors and students will benefit from: A practice-oriented approach that focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Comparative perspectives throughout. A team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions. An excellent alternative to classic public international law texts for introductory or first-year courses on international or transnational law. Multiple uses: With advanced material on transnational practice in U.S. courts, also ideal for upper-division courses on international civil litigation. Practical materials not traditionally included in public international law casebooks, such as materials on transnational commercial arbitration and conflict of laws. Extensive explanatory text to facilitate student learning and notes and questions that emphasize real-world lawyering, not just theory and doctrine. Review questions at the end of each chapter to help students synthesize, logically structure, and flowchart complex material.

Author : Louise Ellen Teitz
Publisher : Unknown
Page : 600 pages
File Size : 49,7 Mb
Release : 1996
Category : Actions and defenses
ISBN : STANFORD:36105060441396

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Transnational Litigation by Louise Ellen Teitz Pdf

Author : X.E. Kramer,C.H. van Rhee
Publisher : Springer Science & Business Media
Page : 381 pages
File Size : 54,7 Mb
Release : 2012-02-01
Category : Law
ISBN : 9789067048170

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Civil Litigation in a Globalising World by X.E. Kramer,C.H. van Rhee Pdf

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Author : Anonim
Publisher : Unknown
Page : 177 pages
File Size : 46,9 Mb
Release : 2006
Category : Civil procedure
ISBN : OCLC:269286958

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Principles of Transnational Civil Procedure by Anonim Pdf

The American Law Institute and UNIDROIT (International Institute for the Unification of Private Law) are preeminent organizations working toward the clarification and advancement of the procedural rules of law. Recognizing the need for a 'universal' set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions, Principles and Rules of Transnational Civil Procedure was launched to create a set of acceptable rules and principles that would be accepted globally. This work strives to reduce uncertainty for parties obliged to litigate in unfamiliar surroundings and promote fairness in judicial judgments. As recognized standards of civil justice, Principles and Rules of Transnational Civil Procedure can be used in pleadings, development, and presentation of evidence, legal argument, and tribunal judgments such as arbitration. The result is a work which significantly contributes to the promotion of a universal rule of law norm.

Author : Ralph Steinhardt
Publisher : Unknown
Page : 128 pages
File Size : 55,5 Mb
Release : 2002-11
Category : Electronic
ISBN : 1422489159

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International Civil Litigation by Ralph Steinhardt Pdf

This casebook grows out of the rapid "internationalization" of domestic law ("intermestic" law) over the last decade, especially in civil litigation before U.S. courts. The contemporary litigator must be expert in what have traditionally been separate fields of law: civil procedure, conflicts of laws, public international law, evidence, international business transactions, remedies, even immigration law and human rights. This book integrates materials across these fields, developing the common principles that govern litigation with international elements in U.S. courts. Covered issues include transnational jurisdiction and choice of law, service of process, discovery, the special treatment of governments as parties, and the recognition and enforcement of judgments and arbitral awards. But unlike other textbooks in the field, International Civil Litigation goes beyond these separate subjects to illustrate common themes whenever domestic courts handle transnational litigation, including: The role of customary and conventional international law in the interpretation of domestic statutes, Characteristic issues of professional responsibility, The impact of intergovernmental and non-governmental organizations, and The unique difficulties of proving the content of international law. International Civil Litigation is also accompanied by a Documents Supplement and a comprehensive Teacher's Manual (available only to professors).

Author : Maya Steinitz
Publisher : Unknown
Page : 257 pages
File Size : 55,7 Mb
Release : 2019
Category : Law
ISBN : 9781107162853

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The Case for an International Court of Civil Justice by Maya Steinitz Pdf

An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.

Author : John Owen Haley
Publisher : Unknown
Page : 0 pages
File Size : 53,8 Mb
Release : 2012
Category : Civil procedure
ISBN : 1422497054

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Fundamentals of Transnational Litigation by John Owen Haley Pdf

Author : American Law Institute
Publisher : Cambridge University Press
Page : 242 pages
File Size : 51,5 Mb
Release : 2007-01-29
Category : Law
ISBN : 0521706149

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Principles of Transnational Civil Procedure by American Law Institute Pdf

The ALI (American Law Institute) and UNIDROIT (the International Institute for the Unification of Private Law) are preeminent organizations working together toward the clarification and advancement of the procedural rules of law. Recognizing the need for a “universal” set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions, Principles of Transnational Civil Procedure was launched to create a set of procedural rules and principles that would be adopted globally. This work strives to reduce uncertainty for parties that must litigate in unfamiliar surroundings and to promote fairness in judicial proceedings. As recognized standards of civil justice, Principles of Transnational Civil Procedure can be used in judicial proceedings as well as in arbitration. The result is a work that significantly contributes to the promotion of a universal rule of procedural law. The American Law Institute was organized in 1923 following a study conducted by a group of prominent American judges, lawyers, and law professors. Their recommendation that a lawyers' organization be formed to improve the law and its administration led to the creation of The American Law Institute. UNIDROIT was founded in 1926 as a specialized agency of the League of Nations. It exists as an independent intergovernmental organization on the basis of a multilateral agreement, the UNIDROIT Statute. Its purpose is to study needs and methods for modernizing, harmonizing, and coordinating private laws between states and groups of states and to prepare legislative texts for consideration by governments.

Author : Richard H. Kreindler
Publisher : Unknown
Page : 670 pages
File Size : 40,6 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105060364440

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Transnational Litigation by Richard H. Kreindler Pdf

This 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.