International Civil Litigation in United States Courts, Fifth Edition / Edition 5

International Civil Litigation in United States Courts, Fifth Edition / Edition 5

by Gary B. Born, Peter B. Rutledge
     
 

ISBN-10: 0735507554

ISBN-13: 9780735507555

Pub. Date: 08/26/2011

Publisher: Wolters Kluwer Law & Business

In its Fourth Edition, the book continues to provide the most in-depth coverage of the major topics in international litigation and to retain the features that made prior editions so popular. This timely revision is the most current international civil litigation product on the market, featuring significant changes in the field over the past several years,

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Overview

In its Fourth Edition, the book continues to provide the most in-depth coverage of the major topics in international litigation and to retain the features that made prior editions so popular. This timely revision is the most current international civil litigation product on the market, featuring significant changes in the field over the past several years, including:

• expanded examination of the Alien Tort Statute, including excerpts and extensive notes on the impact of Sosa and subsequent decisions on human rights litigation
• expanded, in-depth analysis of personal jurisdiction in international cases, including excerpts and discussion of the First Circuit's important decision in Swiss American Bank case, post-Asahi cases such as Roche Holdings, a jurisdictional veil-piercing decision in Telectronics, expanded treatment of "jurisdictional discovery," and a comparison of jurisdictional principles under federal law and EC Directive 44/2001
• updated and comprehensive treatment of sovereign immunity law, including excerpts and discussions of retroactivity after Altmann, the immunity of sovereign-owned entities after Dole Foods, the D.C. Circuit's opinion concerning due process rights of foreign sovereigns in Price, further consideration of the definition of "commercial activity," and the UN Draft Convention on State Immunities
• extensive treatment of recent developments concerning forum selection clauses and forum nonconveniens principles, including the new Hague Convention on Choice of Courts Agreements, excerpts and discussions of the Second Circuit's decisions in Iragorri and Wiwa, as well as the recent Lloyds of London litigation
• updated analysis of the doctrine of lis pendens and antisuit injunctions, including the Fifth Circuit's recent decision in Kaepa and a comparison of these doctrines under federal law and EC Directive 44/2001
• updated discussion of legislative jurisdiction, including new developments in foreign affairs preemption after Crosby and Garamendi
• comprehensively revised treatment of the extraterritorial application of federal antitrust and securities laws, including excerpts and an in-depth discussion of the Supreme Court's recent decision in Hoffman-LaRoche and its impact on Hartford Fire
• expanded discussion of choice of law principles in international cases, retaining the book's unique position of combining treatment of international litigation and conflicts issues
• updated discussion of the act of state doctrine and the foreign sovereign compulsion doctrine
• revised discussion of the service of process in international cases, including foreign blocking statutes, post-Schlunk caselaw on the Hague Convention, the Ninth Circuit's recent examination of service by publication and email in Rio Properties and expanded treatment of service under the FSIA
• new treatment of major developments in the law of international discovery, including the impact of the Supreme Court's Intel decision on Section 1782, lower court decisions under the Hague Evidence Convention such as In re Vitamins Antitrust Litigation and expanded materials on depositions of foreign residents
• the most up-to-date examination of the recognition and enforcement of foreign judgments, including the new Hague Choice of Court Agreement, the ALI proposed federal statute, the revenue rule after Pasquantino, and a discussion of significant lower court cases involving foreign judgment enforcement including Telnikoff and the Lloyd's of London litigation
• substantially expanded discussion of international arbitration, including validity, interpretation and enforcement of international arbitration agreements and recognition and enforcement of arbitral awards, under FAA and UNCITRAL Model Law

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Product Details

ISBN-13:
9780735507555
Publisher:
Wolters Kluwer Law & Business
Publication date:
08/26/2011
Edition description:
New Edition
Pages:
1296
Sales rank:
818,210
Product dimensions:
7.60(w) x 10.20(h) x 1.90(d)

Table of Contents

Part I: Judicial Jurisdiction

Chapter 1. Jurisdiction of U.S. Courts over Subject Matter in International Disputes

Chapter 2. Jurisdiction of U.S. Courts over Parties to International Disputes

Chapter 3. Foreign Sovereign Immunity and Jurisdiction of U.S. Courts over Foreign States

Part II: Choice of Forum

Chapter 4. Forum Non Conveniens in International Litigation

Chapter 5. International Forum Selection Agreements

Chapter 6. Parallel Proceedings: Lis Alibi Pendens and Antisuit Injunctions

Part III: Legislative Jurisdiction and Choice of Law

Chapter 7. Legislative Jurisdiction

Chapter 8. Choice of Law in International Litigation

Chapter 9. Act of State and Foreign Sovereign Compulsion

Part IV. International Judicial Assistance

Chapter 10. Service of U.S. Process on Foreign Persons

Chapter 11. Extraterritorial Discovery and Taking Evidence Abroad

Chapter 12. Recognition and Enforcement of Foreign Judgments

Chapter 13. International Commercial Arbitration and U.S. Courts: An Overview

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