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Transnational Litigation in Comparative Perspective: Theory & Application

Transnational Litigation in Comparative Perspective Theory & Application

  • Author:
  • Publisher: Oxford University Press USA
  • ISBN: 9780195309041
  • Published In: April 2009
  • Format: Hardback , 744 pages
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,480.00

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  • Description 
  • Contents 
  • Author 
  • Details

    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
  • Chapter 1 Introduction and Overview
    Chapter 2 Protective Measures
    Doctrinal Justifications
    National Practice
    1. United Kingdom
    2. United States
    3. European Union
    Interim Measures in Support of Arbitration
    Anti-Suit Injunction
    Chapter 3 Personal Jurisdiction
    Jurisdictional Bases
    1. Domicile
    2. Physical Presence
    3. Consent
    4. Doing Business
    5. Acts
    6. Effects
    7. Ownership or Possession of Property
    8. Plaintiff's Connection
    Illustrations of National Practice
    1. United States
    2. European Union
    3. Egypt
    4. Kenya
    5. China
    Chapter 4 Forum Non Conveniens
    Common Law Origins and Framework
    1. American Cases
    2. English Cases
    Civil Law Alternatives
    Chapter 5 Forum Selection Clauses
    Choice of Court Agreements
    1. Common Law Perspective
    2. Civil Law Perspective
    Arbitration Clauses
    Chapter 6 State Immunity
    Doctrinal Justifications
    The Restrictive Theory
    Abolition of Immunity
    Categorical Exceptions to Immunity
    1. Waiver
    2. Immovable Property
    3. Participation in Associations, Companies, and Other Collective Bodies
    4. Intellectual and Industrial Property
    5. Commercial Transactions
    6. Employment Contracts
    7. Personal Injury and Damage to Property
    8. Suits in Admiralty
    9. Arbitration Agreements
    10. State-Sponsored Acts of Terrorism
    11. Taking of Property in Violation of International Law
    12. Jus Cogens
    Immunity from Execution
    1. Enforcement Against the State as a Person
    2. Waivers
    3. Scope of Immunity from Execution
    4. Specific Sovereign Assets
    Chapter 7 The Act of State Doctrine
    Doctrinal Justifications
    Chapter 8 Service of Process
    The Functions of Service of Process
    National Practice
    1. United States
    2. Portugal
    3. China
    4. Mexico
    International Cooperation
    1. Hague Service Convention
    2. European Regulation
    3. Inter-American Arrangements
    4. Asian-African Model Arrangements
    A Call for Uniform and Mandatory Rules
    Chapter 9 Gathering Evidence Abroad
    Discovery in Context
    National Practice
    Transnational Conflict
    International Solutions
    1. Hague Evidence Convention
    2. Harmonization
    U.S. Discovery for Use Abroad
    Arbitration
    Chapter 10 Choice of Law
    Theoretical Approaches
    1. Lex Fori
    2. Multilateralism
    3. Unilateralism
    4. Harmonization of Substantive Law
    National Practice
    1. United States
    2. England
    3. Japan
    4. Germany
    5. Austria
    6. Switzerland
    7. The Rome Regulations
    Hague Conventions
    Chapter 11 Recognition and Enforcement of Foreign Judgments
    Theoretical Bases
    1. Efficiency and Commerce
    2. Comity and Reciprocity
    3. Vested Rights and Legal Obligation
    4. Res Judicata
    5. Policy Considerations
    National Practice
    1. United States
    2. China
    3. Ecuador
    4. Germany
    5. Denmark, Sweden and Finland
    6. England
    Multilateral Approaches
    1. Regional
    2. Global
    Chapter 12 Recognition and Enforcement of Arbitral Awards
    The New York Convention
    Judicial Review at Arbitral Seat

  • Stephen McCaffrey, Law Professor, McGeorge School of Law, University of the Pacific, and Thomas Main, Law Professor, McGeorge School of Law, University of the Pacific

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