The course considers the special problems of litigating or arbitrating a dispute that has significant connections with more than one country. Although of obvious interest to litigators, the focus is on planning and drafting to be in the best tactical position should litigation or arbitration result. Students may not take this course who have taken International Business Litigation. Topics covered in the course are:
1. Suing Foreign Defendants
- Problems of In Personam and In Rem Jurisdiction
- Agreements Selecting a Forum for Litigation or Arbitration
- Enjoining Suit Abroad
- Service of Process
- Taking of Evidence
- Currency Conversion
2. Suits by Foreign Plaintiffs
3. Recognition of Judgments
4. The Act of State Doctrine
5. Foreign Sovereign Immunity
6. Extraterritorial Application of Public Law
7. Civil Suits for Atrocities That Violate International Law
8. Damages Resulting from International Flights
9. International Child Abduction
10. Letters of Credit
11. Arbitration