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Author : Selvyn Seidel
Publisher :
ISBN 13 :
Total Pages : 596 pages
Book Rating : 4.F/5 ( download)
Download or read book Extraterritorial Discovery in International Litigation written by Selvyn Seidel and published by . This book was released on 1984 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : George A. Bermann
Publisher : West Academic Publishing
ISBN 13 : 9781683286547
Total Pages : 534 pages
Book Rating : 4.2/5 (865 download)
Download or read book Transnational Litigation in a Nutshell written by George A. Bermann and published by West Academic Publishing. This book was released on 2021-01-15 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title identifies and explores recurring issues of jurisdiction, procedure, and choice of law entailed in the resolution of transnational disputes in U.S. courts. It covers the sources of transnational litigation law in the United States, personal and subject matter jurisdiction, parallel litigation, foreign sovereign immunity and the act of state doctrine, choice of law, extraterritorial discovery, extraterritorial provisional relief, recognition of foreign judgments, and the role of courts in connection with international arbitration.
Author : Gary B. Born
Publisher : Aspen Publishing
ISBN 13 : 1543847420
Total Pages : 1498 pages
Book Rating : 4.5/5 (438 download)
Download or read book International Civil Litigation in United States Courts written by Gary B. Born and published by Aspen Publishing. This book was released on 2022-07-09 with total page 1498 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Civil Litigation in United States Courts, by Gary B. Born and Peter B. Rutledge, is the essential, comprehensive law school text for the current and future international litigator, whether based in the United States, Europe, or elsewhere. Examiningevery topic discussed in competing texts with extensive narrative, unparalleled notes, and detailed citations, this book covers the gamut of international dispute resolution, whether judicial jurisdiction, sovereign immunity, extraterritoriality, conflicts of law, parallel proceedings, discovery disputes, service, judgment enforcement, and international arbitration. This Seventh Edition includes excerpts and updated discussions of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics. New to the SeventhEdition: Latest developments in litigation under the Alien Tort Statute and the Torture Victim Protection Act Latest developments in sovereign immunity law following several landmark Supreme Court decisions Latest developments regarding the extraterritorial application of federal law following several landmark Supreme Court decisions Critical examination of the new Restatement (Fourth) of the Foreign Relations of the United States Up-to-date citation and review of the most current academic legal scholarship in the field Professors and students will benefit from: Detailed notes with easy-to-use questions for discussion and legal analysis Comprehensive discussion of international dispute resolution, including international arbitration and other forms of dispute resolution outside of litigation in national courts Comparative foreign treatment of selected issues of international civil procedure Extensive notes and up-to-date citations that ensure the book has enduring value long after a course has ended, and it becomes a resource for practitioners seeking to research the field Documentary Supplement
Author : Stephen M. Fernelius
Publisher :
ISBN 13 : 9780962198946
Total Pages : 62 pages
Book Rating : 4.1/5 (989 download)
Download or read book Practical Guide for Conducting Extra-territorial Discovery for Use in U.S. Litigation written by Stephen M. Fernelius and published by . This book was released on 1992 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Duncan Fairgrieve
Publisher : Oxford University Press
ISBN 13 : 0199655723
Total Pages : 491 pages
Book Rating : 4.1/5 (996 download)
Download or read book Extraterritoriality and Collective Redress written by Duncan Fairgrieve and published by Oxford University Press. This book was released on 2012-09-27 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the extraterritorial effect of collective redress litigation, looking at the way in which many collective redress issues span frontiers, and thus involve complex transnational dynamics. Includes detailed analysis of the law and jurisprudence with significant practical impact in this area.
Author : Lucas V.M. Bento
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041189211
Total Pages : 469 pages
Book Rating : 4.0/5 (411 download)
Download or read book Globalization of Discovery written by Lucas V.M. Bento and published by Kluwer Law International B.V.. This book was released on 2019-11-21 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery—the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.’s generous discovery tools, particularly 28 U.S.C. § 1782 (“Section 1782”), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782’s interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person “found” in the district, pursuant to Section 1782? Who qualifies as an “interested person?” What is a “foreign or international tribunal?” Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel—jurisdictional reach, receptivity, circumvention and burden—be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Author : Karl Matthias Meessen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041108999
Total Pages : 294 pages
Book Rating : 4.1/5 (89 download)
Download or read book Extraterritorial Jurisdiction in Theory and Practice written by Karl Matthias Meessen and published by Martinus Nijhoff Publishers. This book was released on 1996-08-06 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the proceedings of a symposium held in Dresden addressing the topic of extraterritorial jurisdiction with respect to financial services, tax, arms control, environmental law, antitrust matters and mergers and acquisitions. It provides an overview of how differently jurisdictional issues are perceived and dealt with, especially in the USA and UK. Contributions are from experts in the field. The book differs from others in the field in that it provides a resolution on extraterritorial jurisdiction. "Audience: " Civil servants, practising lawyers and academics in the field of international public law and private international law.
Author : Ved P. Nanda
Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.F/5 ( download)
Download or read book Litigation of International Disputes in U.S. Courts written by Ved P. Nanda and published by . This book was released on 2003 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Cedric Ryngaert
Publisher :
ISBN 13 : 0199688516
Total Pages : 273 pages
Book Rating : 4.1/5 (996 download)
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author : Takaki Tokuoka
Publisher :
ISBN 13 :
Total Pages : 202 pages
Book Rating : 4.:/5 (226 download)
Download or read book Extraterritorial Discovery Order in Violation of Foreign Law written by Takaki Tokuoka and published by . This book was released on 1985 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Laurent Cohen-Tanugi
Publisher :
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.:/5 (226 download)
Download or read book Extraterritorial Discovery Orders written by Laurent Cohen-Tanugi and published by . This book was released on 1982 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gary Born
Publisher : Springer
ISBN 13 : 9789041109729
Total Pages : 0 pages
Book Rating : 4.1/5 (97 download)
Download or read book International Civil Litigation in Us Courts:Commentary and Materials written by Gary Born and published by Springer. This book was released on 1996-05-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 1,200 page work is the established text in the rapidly expanding international civil litigation field. This third edition is comprehensively revised and expanded. it includes new sections on international commercial arbitration, choice of law, subject matter jurisdiction, and 28 U.S.C. 1782, As well as comparative materials on the Brussels Convention. The following subjects are treated in depth: Subject Matter Jurisdiction over International Disputes Personal Jurisdiction over Foreign Defendants Foreign Sovereign Immunity; Forum non conveniens Forum Selection Clauses; Lis alibi pendens and Antisuit Injunctions Legislative Jurisdiction; Extraterritoriality and Choice of Law Act of State Doctrine Foreign Sovereign Compulsion Service of Process Abroad Taking of Evidence Abroad and Extraterritorial Discovery Recognition of Foreign Judgment International Commercial Arbitration
Author : Danielle Ireland-Piper
Publisher : Edward Elgar Publishing
ISBN 13 : 1786431785
Total Pages : 205 pages
Book Rating : 4.7/5 (864 download)
Download or read book Accountability in Extraterritoriality written by Danielle Ireland-Piper and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine.
Author : George A. Bermann
Publisher : West Academic Publishing
ISBN 13 : 9780314145840
Total Pages : 0 pages
Book Rating : 4.1/5 (458 download)
Download or read book Transnational Litigation in a Nutshell written by George A. Bermann and published by West Academic Publishing. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book of poetry regarding love, lust, and erotica. It is expressive and intense and will keep the reader wanting for more.
Author : Gary Born
Publisher : Aspen Publishers
ISBN 13 : 9780735507555
Total Pages : 0 pages
Book Rating : 4.5/5 (75 download)
Download or read book International Civil Litigation in United States Courts written by Gary Born and published by Aspen Publishers. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The law governing international civil litigation has changed dramatically in the five years since the fourth edition was published. Recent decisions of the United States Supreme Court have had a significant impact on fields such as personal jurisdiction, sovereign immunity, and extraterritoriality. This current edition reflects those changes and raises important questions about the broader implications of those decisions ... Developments in this field are of course not limited to the United States. While the book still focuses primarily on United States law, the current edition deliberately incorporates more excerpts, more extensive references, and more questions concerning foreign law, especially European law. In part, this reflects an important reality--that successful practice in this area, even for the United States lawyer, requires a keen understanding of other legal systems". -- PREFACE OF THE FIFTH EDITON.
Author : David Epstein
Publisher : BRILL
ISBN 13 : 9047441206
Total Pages : 576 pages
Book Rating : 4.0/5 (474 download)
Download or read book International Litigation written by David Epstein and published by BRILL. This book was released on 2010-09-10 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new Fourth Revised Edition of International Litigation provides U.S. courts practitioners with a step-by-step guide through international litigation, from pre-litigation considerations (obtaining foreign counsel, jurisdiction, choice of forum, etc.) to enforcement of judgments and arbitral awards. Supplemented by practical checklists and strategies throughout, solutions are offered to pressing questions: Does arbitration or litigation afford the better chance for success? What contract drafting, jurisdictional, or enforcement of judgment issues are posed when a foreign sovereign is a party? What Act of State immunities apply to sensitive sovereign or political issues? What motions to dismiss or other procedural issues should be anticipated? Can international differences in service of process, evidence gathering, and jurisdictional points improve or jeopardize the chances for success?
Author : George A. Bermann
Publisher :
ISBN 13 : 9781647089405
Total Pages : pages
Book Rating : 4.0/5 (894 download)
Download or read book Transnational Litigation in a Nutshell written by George A. Bermann and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This title identifies and explores recurring issues of jurisdiction, procedure, and choice of law entailed in the resolution of transnational disputes in U.S. courts. It covers the sources of transnational litigation law in the United States, personal and subject matter jurisdiction, parallel litigation, foreign sovereign immunity and the act of state doctrine, choice of law, extraterritorial discovery, extraterritorial provisional relief, recognition of foreign judgments, and the role of courts in connection with international arbitration." -- Publisher.
