- At the end of the course, students will have acquired understanding of and/or facility in a specific body of law, including major policy concerns
Section 001, Spring 2020
This course examines all major aspects of the conduct of transnational litigation in national courts. Litigation may be deemed transnational if the law or legal systems of more than one jurisdiction is significantly implicated either procedurally or substantively. Primary emphasis is on the conduct of transnational litigation in U.S. courts. However, there will also be comparative treatment of the conduct of transnational litigation in the courts of other jurisdictions (notably the European Union and its Member States).
Like the course in international commercial arbitration, after briefly identifying the major policy issues at stake in the subject, the course will turn to all major phases in the life cycle of the resolution of transnational disputes in national courts. These include: jurisdiction of national courts (both personal and subject matter); sovereign immunity; parallel litigation (actual or potential concurrent jurisdiction with legal proceedings on the same or similar claim in other, notably foreign, courts (including forum non conveniens, lis pendens, antisuit injunctions, international res judicata and "clawback" litigation); service of legal documents on foreign soil (including the Hague Service Convention); transnational provisional relief; the obtaining of evidence abroad (including the Hague Evidence Convention); choice of applicable law and other aspects of international conflict of laws; extraterritorial application of domestic law; the recognition and enforcement of foreign country judgments (with special attention to international conventions on the subject); and some words about the judicial role in international arbitration
No prior study of international civil litigation is required, though study of civil procedure is highly useful. Course grades are based on performance on a final examination and quality of class participation.
TR 1:20 pm-2:40 pm
Method of Evaluation
J.D. Writing Credit
Minor (upon consultation), Major (only upon consultation)
Disclaimer: This is the textbook information that has been entered as of today.
basic civil procedure (in either U.S. or foreign courts)
The course is open to a limited number of 1L's.