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Spring 2009 - International Litigation & Arbitration

Weintraub, Russell J

Course ID: 382R  Unique # 28455  Credit Hours: 3
Meeting DaysTimesLocation
   Tuesday 10:30 am - 11:20 am TNH 2.123
   Wednesday 10:30 am - 11:20 am TNH 2.123
   Thursday 10:30 am - 11:20 am TNH 2.123
Exam Type   Date   Time      Name Range   Room  
  Final Monday, May 18    8:30 am          A-Z
** This course meets the Professional Skills requirement for graduation.

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.  A major focus is comparative--how various countries deal with the same issues.  The course is open to first year students.  Frequently a first year student has received the top grade.  Students who have taken International Business Litigation may not take this course.  Topics covered in the course are:

1.  Suing foreign defendants including problems of in personam and in rem jurisdiction; agreements selecting a forum for litigation or arbitration; enjoining suit abroad; service of process on foreign defendants; obtaining evidence in foreign countries.

2.  Suits in U.S, courts by foreign plaintiffs including tactics by plaintiffs and defendants to prevent or obtain forum non conveniens dismissal of such suits.

3.  Recognition of domestic judgments in foreign countries.

4.  The Act of State doctrine.

5.  Foreign sovereign immunity from suit and attachment or execution.  Many commercial enterprises are considered foreign sovereigns if they are majority owned by a foreign country.

6.  Application of public law, such as antitrust and securities regulations, to persons and events in foreign countries.

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