International Litigation and Arbitration : Practice and Planning

by Weintraub, Russell J.

• ISBN13: 9780890899724
• ISBN10: 089089972X
• Edition: 3rd
• Format: Hardcover
• Copyright: 2003-04-01
• Publisher: Carolina Academic Pr

Summary

Although it is only a little more than three years since the second edition came out, the volume of important developments made a new edition desirable. New features include a comprehensive note on the "not considered as domestic awards" in article 1(1) of the New York Arbitration Convention (ch. 1, sec. 2) and a landmark House of Lords decision of July 20, 2000 that reshapes forum non conveniens doctrine in the U.K. and rejects the "public interest" factors used by U.S. courts (ch. 2, sec. 1). Chapter 8, Damages Resulting from International Flights, has been completely rewritten to present the two-tier compensation system created by the 1995 Kuala Lampur agreement and the new Montreal Convention, which President Clinton has transmitted to the Senate for its advice and consent to ratification. The rewritten chapter focuses on the issues that will be important under the new compensation regime.

This completely updated and revised edition continues the extensive commentary, notes, and questions that have made the first two editions so popular resulting in adopt

Table of Contents

Contents
Preface
Acknowledgments
Suing Foreign Defendants in United States Courts	1	(172)
Problems of In Personam and In Rem Jurisdiction	1	(46)
Agreements to Litigate or Arbitrate Abroad	47	(42)
Enjoying Suit Abroad	89	(7)
Service of Process	96	(23)
Taking of Evidence	119	(44)
Currency Conversion	163	(10)
Suits by Foreign Plaintiffs	173	(54)
Forum Shopping and Forum Non Conveniens	173	(34)
Erie, Reverse Erie, and Litigation Strategy	207	(20)
Recognition of Judgments	227	(34)
Bases for Non-Recognition	227	(21)
Judgments Enforcing Public Law	248	(3)
The Uniform Act	251	(10)
The Act of State Doctrine	261	(20)
Application and Exceptions	261	(13)
Intangible Property	274	(7)
Foreign Sovereign Immunity	281	(54)
The Foreign Sovereign Immunities Act	281	(19)
Commercial or Governmental	300	(19)
Enforcing a Judgment	319	(16)
Extraterritorial Application of United States Law	335	(68)
Antitrust Law	335	(53)
Securities Law	388	(9)
Other Problems	397	(6)
Civil Suits for Atrocities that Violate International Law	403	(24)
The Alien Tort Claims Act	403	(10)
The Torture Victim Protection Act	413	(14)
Damages Resulting from International Flights: The Warsaw Convention	427	(36)
Current and Proposed Recovery Rules	427	(17)
Defining Convention Terms and Determining Preemption	444	(19)
International Child Abduction	463	(24)
Duty to Return the Child	463	(18)
Exceptions to the Duty to Return	481	(6)
Letters of Credit	487	(26)
Compliance with Terms of the Letter	489	(6)
Enjoining Payment	495	(9)
Political Risks	504	(9)
Arbitration	513
Conventions and Model Law	514
Judicial Assistance and Interference	541
Awards of the Iran-United States Claims Tribunal	551