International Litigation and Arbitration: Practice and Planning / Edition 5

International Litigation and Arbitration: Practice and Planning / Edition 5

by Russell J. Weintraub
     
 

Many important developments have made it desirable to publish a new edition of International Litigation and Arbitration. As with past editions, a detailed Teacher's Manual is available and the materials will be kept up to date with annual supplements. An updated introduction to chapter 1 provides an overview of conflict of laws, personal jurisdiction, and issues

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Overview

Many important developments have made it desirable to publish a new edition of International Litigation and Arbitration. As with past editions, a detailed Teacher's Manual is available and the materials will be kept up to date with annual supplements. An updated introduction to chapter 1 provides an overview of conflict of laws, personal jurisdiction, and issues arising from the U.S. division of adjudicatory competence between state and federal courts. Retained from the 5th edition is a problem appendix with which teachers can cover or review major portions of the book. The Teacher's Manual analyzes the problems. As an example of the major developments since the book's 5th edition, five U.S. Supreme Court cases decided in 2010 are either principal cases or major note cases in the 6th edition, including a landmark opinion on the extraterritorial application of the Securities and Exchange Act of 1934. The new edition contains many more important developments since the previous edition, including the 2008 amendment to the Foreign Sovereign Immunities Act (making it easier to recover damages from state sponsors of terrorism), a revision of the Uniform Foreign-Country Money Judgments Recognition Act, and a revision of the UNCITRAL Model Law on International Commercial Arbitration.

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Product Details

ISBN-13:
9781594602214
Publisher:
Carolina Academic Press
Publication date:
04/30/2006
Series:
Carolina Academic Press Law Casebook Series
Edition description:
Older Edition
Pages:
696
Product dimensions:
7.20(w) x 10.30(h) x 1.50(d)

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Table of Contents

Preface
Acknowledgments
1Suing Foreign Defendants in United States Courts1
Sect. 1Problems of In Personam and In Rem Jurisdiction1
Sect. 2Agreements to Litigate or Arbitrate Abroad47
Sect. 3Enjoining Suit Abroad89
Sect. 4Service of Process96
Sect. 5Taking of Evidence119
Sect. 6Currency Conversion163
2Suits By Foreign Plaintiffs173
Sect. 1Forum Shopping and Forum Non Conveniens173
Sect. 2Erie, Reverse Erie, and Litigation Strategy207
3Recognition of Judgments227
Sect. 1Bases for Non-Recognition227
Sect. 2Judgments Enforcing Public Law248
Sect. 3The Uniform Act251
4The Act of State Doctrine261
Sect. 1Application and Exceptions261
Sect. 2Intangible Property274
5Foreign Sovereign Immunity281
Sect. 1The Foreign Sovereign Immunities Act281
Sect. 2Commercial or Governmental300
Sect. 3Enforcing a Judgment319
6Extraterritorial Application of United States Law335
Sect. 1Antitrust Law335
Sect. 2Securities Law388
Sect. 3Other Problems397
7Civil Suits for Atrocities that Violate International Law403
Sect. 1The Alien Tort Claims Act403
Sect. 2The Torture Victim Protection Act413
8Damages Resulting from International Flights: The Warsaw Convention427
Sect. 1Current and Proposed Recovery Rules427
Sect. 2Defining Convention Terms and Determining Preemption444
9International Child Abduction463
Sect. 1Duty to Return the Child463
Sect. 2Exceptions to the Duty to Return481
10Letters of Credit487
Sect. 1Compliance with Terms of the Letter489
Sect. 2Enjoining Payment495
Sect. 3Political Risks504
11Arbitration513
Introduction: reasons to prefer arbitration to litigation513
Sect. 1Conventions and Model Law514
Sect. 2Judicial Assistance and Interference541
Sect. 3Awards of the Iran-United States Claims Tribunal551

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