Transnational Litigation in Comparative Perspective

Erscheinungsjahr 2017
ISBN: 978-0-19-530904-1
Verlag: ACADEMIC

Buch, Englisch, 744 Seiten, Format (B × H): 183 mm x 260 mm, Gewicht: 1562 g

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

Autoren/Hrsg.

Mccaffrey

McCaffrey, Stephen

Main, Thomas

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Inhaltsverzeichnis

- 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

Über Autor(innen)

Stephen C. McCaffrey is one of the world's foremost experts on international water resources law and is one of the few Americans to have served as chair of the United Nations International Law Commission. He has published several books and dozens of law review articles in the field of international law, argued in front of The World Court, taught law courses in American and foreign universities, advised the State Department, and represented foreign governments and entities in various transnational disputes. Thomas O. Main is an emerging scholar in the field of procedural jurisprudence. He is author of Global Issues in Civil Procedure (Casebook Series) (2005) and is coauthor of Civil Procedure: Doctrine, Practice, and Context (2008) and Federal Rules of Civil Procedure (2007). He has taught numerous law courses in the United States and elsewhere.