International Civil Litigation In United States Courts

Author by : Gary B. Born
Languange : en
Publisher by : Wolters Kluwer
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Description : Written by two leading scholar-practitioners in the field, International Civil Litigation in United States Courts offers a unique combination of excerpts of cases and materials, commentary, and detailed notes--in an accessible framework that integrates topics seamlessly. Much like the newly released edition of Mr. Born's International Arbitration casebook, this text promises to be the leader in its field. The Fifth Edition provides a thoroughly updated survey of the field, canvassing recent developments, such as the stream-of-commerce theory of personal jurisdiction, the immunity of government officials after Samantar , and the extraterritorial application of federal statutes after Morrison . Each chapter contains non-U.S. materials which support a comparative study of the topics covered in the book. International Civil Litigation in United States Courts features broad and inclusive coverage a manageable and transparent organization of topics extraordinary authorship that brings a wealth of experience in teaching and practice to every page integrated coverage of conflicts of laws enduring value as a reference source Updated throughout, highlights of the Fifth Edition reflect significant developments in the field: analyzes the most recent Supreme Court decisions in the field like Samantar, Morrison and the upcoming stream of commerce cases traces subsequent lower court activity following path breaking decisions like Sosa and Intel covers major legislative activity like the recent overhaul of the Foreign Sovereign Immunities Act even greater emphasis on comparative analysis of the topics covered such as jurisdiction, judgments and forum selection


International Civil Litigation In United States Courts

Author by : Gary B. Born
Languange : en
Publisher by : Wolters Kluwer
Format Available : PDF, ePub, Mobi
Total Read : 67
Total Download : 909
File Size : 42,5 Mb
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Description : International Civil Litigation in United States Courts is the essential, comprehensive law school text for the current and future international litigator or international corporate lawyer. Covering all the topics discussed in competing texts and more, this casebook seamlessly combines international litigation, conflict of laws, and comparative civil procedure. This Sixth Edition includes excerpts and updated discussion of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics, including foreign sovereign immunity, choice of law, antisuit injunctions, legislative jurisdiction, service of process on non-U.S. citizens, international discovery, foreign judgment enforcement, and international arbitration. Key Features: Updates on recent US Supreme Court and other significant U.S. court decisions, including Daimler AG v. Bauman, BNSF Ry. Co. v. Tyrrell, Bristol-Myers Squibb Co. v. Superior Court of Cal., Water Splash, Inc. v. Menon, and more. Updated discussion of international law and national law from Europe, the Middle East, and Asia. Revised Notes on recent developments and current topics such as terrorism, proof of foreign law, and judicial jurisdiction.


International Civil Litigation In United States Courts

Author by : Gary Born
Languange : en
Publisher by : Aspen Publishers
Format Available : PDF, ePub, Mobi
Total Read : 11
Total Download : 371
File Size : 54,6 Mb
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Description : Written by two leading scholar-practitioners in the field, International Civil Litigation in United States Courts offers a unique combination of excerpts of cases and materials, commentary, and detailed notes--in an accessible framework that integrates topics seamlessly. Much like the newly released edition of Mr. Born's International Arbitration casebook, this text promises to be the leader in its field. The Fifth Edition provides a thoroughly updated survey of the field, canvassing recent developments, such as the stream-of-commerce theory of personal jurisdiction, the immunity of government officials after Samantar , and the extraterritorial application of federal statutes after Morrison . Each chapter contains non-U.S. materials which support a comparative study of the topics covered in the book. International Civil Litigation in United States Courts features broad and inclusive coverage a manageable and transparent organization of topics extraordinary authorship that brings a wealth of experience in teaching and practice to every page integrated coverage of conflicts of laws enduring value as a reference source Updated throughout, highlights of the Fifth Edition reflect significant developments in the field: analyzes the most recent Supreme Court decisions in the field like Samantar, Morrison and the upcoming stream of commerce cases traces subsequent lower court activity following path breaking decisions like Sosa and Intel covers major legislative activity like the recent overhaul of the Foreign Sovereign Immunities Act even greater emphasis on comparative analysis of the topics covered such as jurisdiction, judgments and forum selection


Foreign Affairs Litigation In United States Courts

Author by : John Norton Moore
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 47
Total Download : 284
File Size : 44,7 Mb
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Description : Foreign Affairs Litigation in United States Courts is an indispensable resource for attorneys and government officials focused on the role of the courts in foreign affairs, actions against foreign governments in United States courts, the Act of State Doctrine, foreign sovereign immunity, the Foreign Claims Settlement Commission, foreign affairs takings actions in the Court of Federal Claims, and choice of court in international litigation.


International Arbitration And Forum Selection Agreements

Author by : Gary Born
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 21
Total Download : 154
File Size : 45,8 Mb
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Description : No lawyer involved in international transactions can afford to ignore this authoritative guide to planning and drafting international arbitration agreements and forum selection clauses. It includes clear, practical explanations of the advantages and disadvantages of different forms of dispute resolution provisions, and detailed discussion of all elements of drafting arbitration and choice-of-court clauses. The primer includes scores of revised model arbitration and forum selection clauses, providing precise wording for use in a wide range of commercial contexts. It is designed for easy reference and use by both general practitioners and specialists. Each model clause is thoroughly annotated, including with reference to relevant scholarship and jurisprudence. The primer is authored by Gary B. Born, one of the world's pre-eminent authorities on international commercial arbitration and litigation. He is the author of International Commercial Arbitration (2d ed. 2001) and International Civil Litigation in U.S. Courts (3d ed. 2000), and a leading international arbitration practitioner. He has brought a wealth of practical experience and academic achievement together to produce a practical, authoritative guide to drafting and planning international arbitration and forum selection agreements. This second edition, extensively updated and revised, includes such features as the following: scores of sample arbitration and forum selection clauses, including leading institutional arbitration clauses, ad hoc clauses and comprehensive guidance on drafting individualized clauses; sample language relating to discovery, language, arbitrators' qualifications, confidentiality, waivers of immunity, interim relief, fast-track procedures, costs, consent to service of process, and other commonly-used provisions; descriptions of all leading international arbitration institutions (ICC, LCIA, AAA, ICSID) and most major regional arbitration institutions, including commentary on individual characteristics of each institution; practically-oriented discussions of the importance of the arbitral seat, means of selecting arbitrators, language, and other key issues; detailed guidance on drafting choice-of-law clauses (including samples) and their role in dispute resolution; and practical analysis of enforcement of international arbitration and forum selection agreements, as well as national court judgments and international arbitral awards, under leading conventions and national laws. An appendix contains texts of the New York and European Conventions and the UNCITRAL Model Law, as well as arbitration rules of leading arbitral institutions. Designed for easy reference and use by both general practitioners and specialists, the book is required for any international practitioner or corporate counsel engaged in international matters. ADVANCE REVIEWS OF THE SECOND EDITION "An excellent work by one of the world's leading arbitration authorities and practitioners. This comprehensive review of international arbitration is bound to become essential reading for students and practitioners alike, especially for anyone drafting arbitration clauses." Roberto Danino, Secretary General of the International Centre for Settlement of Investment Disputes (ICSID) "Gary Born's new edition of this classic work covers everything a drafter of dispute resolution clauses needs to consider, with useful model clauses, and is up to the minute on all recent developments." James H. Carter, Chairman of the Board, American Arbitration Association "Many books are devoted to the subject of international arbitration, but this is one of the few which stand out as particularly valuable due to


Ristau S International Judicial Assistance

Author by : David W. Bowker
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 87
Total Download : 391
File Size : 49,6 Mb
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Description : Legal practitioners of today are dealing with cross-border disputes in civil and commercial matters in an increasingly complex transnational legal environment. This edition of Bruno Ristau's multi-volume work International Judicial Assistance brings these complexities to the fore. The revised and updated material offers background, explanations, and practical advice on how to deal with the most important challenges and recent developments in the field of transnational litigation, including issues related to the choice of forum, choice of law, service of process, proof of foreign law, discovery of evidence, and enforcement of judgments. Written by Stewart and Bowker, experts in public and private international law, this book offers insightful and comprehensive information on cross-border litigation by addressing issues in sequence as they are likely to be encountered in practice. A major focus is the mechanisms for international judicial cooperation and assistance, in particular those provided by regional and international arrangements such as the Hague Conventions on Service, Evidence and Apostilles, choice of court agreements, and the enforcement of judgments, as well as regional arrangements within the OAS and the EU. This book is a necessary addition for litigators in the U.S. and other common law jurisdictions who are involved in cross border disputes.


International Arbitration Law And Practice

Author by : Gary B. Born
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 36
Total Download : 165
File Size : 53,8 Mb
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Description : International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).


International Civil Procedure

Author by : World Law Group Member Firms
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 314
File Size : 44,6 Mb
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Description : A desk reference for lawyers and their clients faced with the prospect of litigation in foreign jurisdictions, this book is a guide to the civil procedure rules and practices in thirty-two major countries and in the European Community. Local rules relating to arbitration and, where available, mediation are also covered.


International Litigation And Arbitration

Author by : Andreas F. Lowenfeld
Languange : en
Publisher by : West Academic Publishing
Format Available : PDF, ePub, Mobi
Total Read : 11
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Description : Preface Acknowledgments Table of Cases Chapter Public Law and the Conflict of Laws The Public Law Taboo The Revenue Rule Reconsidered Jurisdiction to Prescribe A First Look at Extraterritoriality The Search for Criteria The Same Problems a Generation Later Jurisdiction of Courts The U.S. Supreme Court and Jurisdiction to Adjudicate Jurisdiction of Courts in Comparative Context: The European Perspective Suing a Multinational Enterprise Service of Process Across International Frontiers: The Hague Service Convention Property as a Basis of Jurisdiction Forum Non Conveniens, Lis Pendens, and Parallel Litigation Arbitration of International Disputes Forum Selection Clauses in International Transactions: Litigation, Arbitration, and the Question of Arbitrability A Primer on International Commercial Arbitration The United Nations Convention on Recognition and Enforcement of Arbitral Awards Judicial Review of Arbitral Awards at the Place of Arbitration ICSID, Bilateral Investment Treaties and Arbitration of Investment Disputes Enforcement of Foreign Judgments Development of the Law of Foreign Judgments in the United States Jurisdiction, Default Judgments and the Public Policy Defense Recognition of Foreign Judgments in Europe A Look Ahead: Can the Law of Judgments Go Global? The Act of State Doctrine The Act of State Doctrine Attempts to Limit the Act of State Doctrine Exceptions to Application of the Doctrine The Situs of Debts and the Act of State Doctrine Act of State in a Non-Expropriation Context Claims Against Foreign States in Domestic Courts The Development of Sovereign Immunity Law in the United States The Foreign Sovereign Immunity Act of 1976 Special Problems in Suing Foreign Governments and Instrumentalities Abuse of Human Rights, Terrorism, and Civil Litigation Resort to United States Courts: The Alient Tort Statute Expanded Resort to the Alien Tort Statute American Plaintiffs and Action in Congress Discovery of Information Located Abroad Introduction The Foreign Compulsion Defense Public and Private Interests Intertwined Law Enforcement and Secrecy Laws International Judicial Assistance.


International Arbitration And Forum Selection Agreements Drafting And Enforcing

Author by : Gary B. Born
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 81
Total Download : 382
File Size : 52,6 Mb
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Description : International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Drawing on a wealth of practical experience and academic analysis by one of the world’s leading authorities on international arbitration and litigation, this extensively revised and expanded sixth edition provides model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches to reducing the risks inherent in cross-border transactions. The book is an essential resource for any international practitioner or corporate counsel engaged in international matters. Key Features include: Discussion of practical reasons for international arbitration and forum selection clauses Uncomplicated and practical guidance on drafting international arbitration and forum selection clauses Do's and Don't's for drafting Model international arbitration and forum selection clauses that permit efficient and effective dispute resolution Nearly 100 different model provisions Ad hoc versus institutional arbitration clauses Overview of leading arbitral institutions (including ICC, SIAC, ICDR/AAA, LCIA, HKIAC, PCA, ICSID, WIPO, VIAC, DIS, NAI and CRCICA) Overview of advantages and disadvantages of leading arbitral seats Forum selection clauses for national and international courts Multi-tier dispute resolution provisions Optional provisions for international arbitration and forum selection clauses (including arbitrator selection, arbitral procedure, costs of arbitration, provisional measures, waiver of annulment and currency of award) Discussion of pathological arbitration clauses and commonly-encountered defects And covers: Updated extensively to address developments through January 2021 New materials covering international courts and choice-of-law provisions Key reference materials in easy-to-use appendices About the author: Gary B. Born is one of the world’s leading authorities on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, and Asia. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration: Law and Practice (Kluwer Law International 2nd ed. 2016), International Commercial Arbitration: Cases and Materials (Aspen 2nd ed. 2015) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).


Ristau S International Judicial Assistance

Author by : David W. Bowker
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 23
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Description : "A critical consideration in transnational civil and commercial litigation is whether a judgment ultimately rendered by a court in favor of the successful party will be respected and enforced outside the jurisdiction where it was rendered-especially in foreign jurisdictions where the judgment debtor might have assets. It is an issue for practitioners to consider carefully, not only after such a dispute has arisen but equally in the context of negotiating (or deciding to forego) a contractual choice of forum clause. In this area, domestic law continues to predominate. No general principle of law or broad rule of customary international law compels domestic courts to enforce foreign judgments in civil or commercial matters. Accordingly, in the absence of a comprehensive international arrangement or broadly-applicable set of "judicial assistance" rules and procedures, domestic judicial systems have not traditionally embraced an obligation to recognize or enforce judgments rendered in other states. Where they have done so, it has traditionally been as an exercise of "international comity" rather than an obligation. That said, many states have entered into bilateral arrangements with their neighbors (sometimes called "judicial assistance treaties") providing inter alia for mutual recognition and enforcement of civil and commercial judgments on the basis of reciprocity. In addition, some regional "harmonization" arrangements exist, for example within the European Union and the Organization of American States ("OAS"). More consequentially, in 2019, the Hague Conference on Private International Law concluded a multilateral "judgments" convention, now in force for a small number of states but with the potential to transform this area of international civil and commercial practice. These diverse aspects are discussed in some detail below. By way of background, we begin with an overview of the relevant law in the United States, followed by a more detailed examination of the issues related to the enforcement of foreign judgments in U.S. courts, including several notable developments. We also discuss the related topics of enforcement of arbitral awards and choice of court agreements. The chapter then turns to an overview of the law governing recognition and enforcement of judgments in countries other than the United States. It concludes with an overview of the recently-adopted 2019 Hague Judgments Convention, which holds the promise of a new widely-accepted regime on the enforcement of judgments in civil and commercial matters"--


International Co Operation In Civil Litigation

Author by : Columbia University. School of Law. Project on International Procedure
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 25
Total Download : 555
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Description : "A report on practices and procedures prevailing in the United States."--T.p.


International Litigation

Author by : David J. Levy
Languange : en
Publisher by : American Bar Association
Format Available : PDF, ePub, Mobi
Total Read : 11
Total Download : 746
File Size : 48,6 Mb
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Description : Provides American and foreign lawyers with a practical overview and summary of the issues and strategies that parties and attorneys most often confront when engaged in international litigation in U.S. federal district courts.


Transnational Litigation In United States Courts

Author by : Harold Hongju Koh
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 72
Total Download : 301
File Size : 52,7 Mb
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Description : 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.


Supreme Courts Under Pressure

Author by : Pablo Bravo-Hurtado
Languange : en
Publisher by : Springer Nature
Format Available : PDF, ePub, Mobi
Total Read : 45
Total Download : 266
File Size : 54,9 Mb
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Description : This book discusses civil litigation at the supreme courts of nine jurisdictions – Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States – and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court’s judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.


Economic Consequences Of Litigation Worldwide

Author by : Charles Platto
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 72
Total Download : 846
File Size : 55,5 Mb
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Description : In 1992, The Section on Business Law of the International Bar Association established a Task Force on Economic Consequences of Litigation Worldwide to study and report on the different civil and commercial court systems throughout the world. The purpose of the Task Force was to evaluate the problems of civil litigation and propose solutions on a global scale, based on a comparative analysis of different jurisdictions, with a particular focus on commercial litigation and the economic consequences of litigation to worldwide business. The Task Force included representatives from Asia Pacific, Canada, Europe, United Kingdom and the United States. The project was divided into three stages: Fundamentals of Commercial Litigation, Problems and Consequences, and Solutions and Proposals for Change. Economic Consequences of Litigation Worldwide is the result of six years of intensive study and effort. It includes chapters on Asia Pacific (Australia, Hong Kong, Japan, New Zealand, Singapore), Canada, Europe (Denmark, France, Germany, Holland, Italy, Norway, Portugal, Spain, Sweden, Switzerland), the United Kingdom and the United States. The book provides a practical study of the various court systems throughout the world and problems and consequences of commercial litigation, along with a thoughtful analysis of proposed solutions.


Judicial Independence At The Crossroads

Author by : Stephen B Burbank
Languange : en
Publisher by : SAGE
Format Available : PDF, ePub, Mobi
Total Read : 55
Total Download : 177
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Description : This book provides a path-breaking, interdisciplinary collection of essays by leading scholars on the contentious issues of judicial independence and federal judicial selection.


International Human Rights Litigation A Guide For Judges

Author by : Federal Judicial Center
Languange : en
Publisher by : Government Printing Office
Format Available : PDF, ePub, Mobi
Total Read : 27
Total Download : 185
File Size : 49,9 Mb
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Description : The purpose of this guide is to help federal judges adjudicate civil cases alleging human rights violations under domestic and international law. In the common vernacular, the phrase "human rights" often is construed broadly to encompass many forms of civil rights and constitutional claims. The focus here is narrower. This guide addresses cases with an international dimension brought in federal court pursuant to specific U.S. statutes that provide jurisdiction over such claims. These cases include rights-based legal disputes involving foreign plaintiffs or defendants, cases involving violations occurring abroad, and cases relying on international human rights law. Related products: Find more resources about Human Rights here: https: //bookstore.gpo.gov/catalog/human-rights


Transnational Law And Practice

Author by : Donald Earl Childress III
Languange : en
Publisher by : Wolters Kluwer
Format Available : PDF, ePub, Mobi
Total Read : 83
Total Download : 447
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Description : 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.


International Commercial Arbitration

Author by : Gary Born
Languange : en
Publisher by : Martinus Nijhoff
Format Available : PDF, ePub, Mobi
Total Read : 76
Total Download : 375
File Size : 48,9 Mb
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Description : The Second Edition of this landmark treatise provides an authoritative treatment of international commercial arbitration. It is essential reading for all international practitioners and academics. International Commercial Arbitration contains detailed commentary, case analyses, and practice pointers. Full annotations and footnotes provide invaluable research assistance, while clearly-written analyses identify and discuss critical issues. Representative international arbitral awards and national court decisions are excerpted, and detailed reference is made to leading institutional rules. Detailed appendices, an easy-to-use Table of Contents, and an extensive index to aid research and provide ready access to key materials. Co-publication with Kluwer Law International. North American sales rights only.Published under the Transnational Publishers imprint.


Civil Litigation In A Globalising World

Author by : X.E. Kramer
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 88
Total Download : 147
File Size : 40,9 Mb
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Description : 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.