International Litigation and Arbitration: Practice and Planning / Edition 5

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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: 4/30/2006
  • Series: Carolina Academic Press Law Casebook Series
  • Edition description: Older Edition
  • Edition number: 5
  • Pages: 696
  • Product dimensions: 7.20 (w) x 10.30 (h) x 1.50 (d)

Meet the Author

Russell J. Weintraub holds the Ben H. and Kitty King Powell Chair Emeritis in Business and Commercial Law at the University of Texas School of Law.

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Table of Contents

Preface
Acknowledgments
1 Suing Foreign Defendants in United States Courts 1
Sect. 1 Problems of In Personam and In Rem Jurisdiction 1
Sect. 2 Agreements to Litigate or Arbitrate Abroad 47
Sect. 3 Enjoining Suit Abroad 89
Sect. 4 Service of Process 96
Sect. 5 Taking of Evidence 119
Sect. 6 Currency Conversion 163
2 Suits By Foreign Plaintiffs 173
Sect. 1 Forum Shopping and Forum Non Conveniens 173
Sect. 2 Erie, Reverse Erie, and Litigation Strategy 207
3 Recognition of Judgments 227
Sect. 1 Bases for Non-Recognition 227
Sect. 2 Judgments Enforcing Public Law 248
Sect. 3 The Uniform Act 251
4 The Act of State Doctrine 261
Sect. 1 Application and Exceptions 261
Sect. 2 Intangible Property 274
5 Foreign Sovereign Immunity 281
Sect. 1 The Foreign Sovereign Immunities Act 281
Sect. 2 Commercial or Governmental 300
Sect. 3 Enforcing a Judgment 319
6 Extraterritorial Application of United States Law 335
Sect. 1 Antitrust Law 335
Sect. 2 Securities Law 388
Sect. 3 Other Problems 397
7 Civil Suits for Atrocities that Violate International Law 403
Sect. 1 The Alien Tort Claims Act 403
Sect. 2 The Torture Victim Protection Act 413
8 Damages Resulting from International Flights: The Warsaw Convention 427
Sect. 1 Current and Proposed Recovery Rules 427
Sect. 2 Defining Convention Terms and Determining Preemption 444
9 International Child Abduction 463
Sect. 1 Duty to Return the Child 463
Sect. 2 Exceptions to the Duty to Return 481
10 Letters of Credit 487
Sect. 1 Compliance with Terms of the Letter 489
Sect. 2 Enjoining Payment 495
Sect. 3 Political Risks 504
11 Arbitration 513
Introduction: reasons to prefer arbitration to litigation 513
Sect. 1 Conventions and Model Law 514
Sect. 2 Judicial Assistance and Interference 541
Sect. 3 Awards of the Iran-United States Claims Tribunal 551
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