International Practitioner's Deskbook Series: International Litigation Strategies and Practice, 3rd Edition

by Ethan A. Berghoff (Editor), Theodore Edelman (Editor), Barton Legum (Editor)

Overview

International Litigation Strategies and Practice, Third Edition, is intended as a helpful desk reference for practitioners, both those steeped in international practice and those who have only occasional exposure to the field. It assists them in navigating complex and evolving subject areas, spotting issues, and developing strategies and approaches for effective client representation.

This updated and expanded edition provides practitioners with practical skills in important facets of international litigation, including approaches and techniques that often make the difference between effective strategy and wasted effort. It also guides readers to a working understanding of principles and precedents in various aspects of the ever-changing substantive law in international disputes, proceedings, and investigations.

Product Details

ISBN-13:	9781639052554
Publisher:	American Bar Association
Publication date:	01/02/2024
Pages:	526
Product dimensions:	7.00(w) x 9.90(h) x 1.20(d)

About the Author

Theodore Edelman is a partner of Sullivan & Cromwell LLP and a member of the firm's Litigation Group. He divides his time between the firm's offices in New York and London. He has represented both U.S. and nonU.S. corporate clients in a wide variety of litigation and regulatory matters, including matters relating to antitrust, commercial contracts, commercial banking, corporations and securities, insurance and annuities, intellectual property, mergers and acquisitions, white-collar criminal investigations, and prosecutions and investigations by the U.S. Securities and Exchange Commission, New York Stock Exchange, the Financial Industry Regulatory Authority, U.S. Federal Trade Commission, U.S. Department of Justice, Federal Reserve Bank of New York, Commission of the European Communities, the offices of the attorney general of various states of the United States, and the banking, corporate, securities, and competition regulators in various other jurisdictions.

Barton Legum is a founding partner of Honlet Legum Arbitration in Paris.  He has over 30 years’ experience in litigating complex cases, with a focus on international arbitration and litigation in general and arbitration under investment treaties in particular.  He has repeatedly served as lead counsel and arbitrator in ICSID cases, acting as counsel both for States and for investors.  From 2000 to 2004, Bart served as Chief of the NAFTA Arbitration Division in the Office of the Legal Adviser, United States Department of State.  In that capacity, he acted as lead counsel for the United States Government defending over $2 billion in claims submitted to arbitration under the investment chapter of the North American Free Trade Agreement (NAFTA).  The United States won every case heard under his tenure.  Bart is a past Chair of the ABA Section of International Law.  He previously held a variety of offices in the Section, including Chair of the Disputes Division and Co-Chair of the Section’s International Litigation Committee.  He is an editor of International Litigation Strategies and Practice (2d ed. 2014), a book published by the American Bar Association, and frequently writes and speaks at conferences on international arbitration and litigation.

Read an Excerpt

“International litigation” is a term widely used in contemporary legal practice but one that means different things to different people. Does it refer, as a literal reading would suggest, to litigation between nations, such as the cases heard by the World Court? Does it address litigation before international tribunals involving private citizens or companies? Does it include litigation between private parties, in national courts, that has cross-border aspects, such as a party from a foreign country or evidence or acts abroad?

For the purposes of this book, the answer is a resounding yes: International litigation is all of these things. The somewhat sweeping nature of the term accords well with the purpose of this book: to be an essential resource, a starting point, for practitioners confronting disputes that strike them as international—those for which they sense that their tool kit for domestic cases is incomplete.

Table of Contents

CONTENTS

About the Editors                            vii

 

About the Contributors                    ix

 

Introduction                              xxiii

 

PART I: The Essentials

CHAPTER 1

Finding the Right Lawyer for the Job Overseas 3

Raquel A. Rodriguez

 

CHAPTER 2

Communicating Effectively with Foreign Clients and Lawyers 21

Barton Legum

 

CHAPTER 3

Litigation in the Civil Law and the Common Law: The Basics  27

George A. Bermann

 

CHAPTER 4

Transnational Litigation and Professional Ethics 39

 

CHAPTER 5

Introducing Foreign Clients to U.S. Civil Litigation      53

Donald Francis Donovan, Guilherme Recena Costa, Laura Sinisterra, and Justin R. Rassi

 

PART II: Strategy and Practice in International Litigation

 

CHAPTER 6

Finishing before You Start: International Mediation     71

Michael McIlwrath and Elpidio Villarreal

 

CHAPTER 7

Where to Sue: Finding the Most Effective Forum in the World  81

Louise Ellen Teitz

 

CHAPTER 8

Provisional Measures in Cross-Border Cases       115

Jonathan I. Blackman

 

CHAPTER 9

Foreign Antisuit Injunctions                129

José I. Astigarraga and Sujey Herrera

 

CHAPTER 10

Twelve Rules for Obtaining Evidence from Abroad     149

Glenn P. Hendrix

 

CHAPTER 11

A Practitioner’s Guide to Enforcement of Foreign Country Money Judgments in the United States  193

Edward H. Davis Jr. and Christopher A. Noel

 

PART III: Special Forums and Tribunals

 

CHAPTER 12

When to Arbitrate Rather Than Litigate          227

Carolyn B. Lamm and Eckhard R. Hellbeck

CHAPTER 13

International Commercial Arbitration: A Primer for U.S. Litigators                 251

David W. Rivkin, Christopher K. Tahbaz, and Dietmar W. Prager

 

CHAPTER 14

Investment Treaty Arbitration: An Option Not to Be Overlooked              275

Barton Legum

 

CHAPTER 15

Suing for Torture                      285

Beth Stephens

 

CHAPTER 16

International Extradition                  307

Nina Marino and Jennifer Lieser

 

CHAPTER 17

Attorney-Client Privilege in the International Sphere     339

Ethan Berghoff and Matthew Thomas

 

CHAPTER 18

The Foreign Corrupt Practices Act: An Overview      365

Theodore Edelman and Alana M. Longmoore

 

CHAPTER 19

Practice before the International Court of Justice     423

Dr. Pieter H. F. Bekker

 

CHAPTER 20

Litigation in the European Court of Human Rights 445

Helen Mountfield, KC

 

CHAPTER 21

Twenty Years of the International Criminal Court 465

David Stoelting

 

Index 489