International Aspects of U.S. Litigation
International Aspects of U.S. Litigation

Author: James E. Berger (Lawyer)

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9781634255561

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"[This book] addresses the topics that arise when international disputes find their way to U.S. courts, which they do with great frequency. The purpose of this book is to explain the authority and competence of American courts with regard to international disputes and explore the topics that arise most often―and cause practitioners the greatest amount of confusion and difficulty―in connection with those disputes. Topics covered include: a basic overview of the U.S. court system; concepts of subject matter and personal jurisdiction; concepts of forum and venue; governing law, and choice-of-law; discovery; judgment; arbitration; and sovereign litigation, bankruptcy, and trade disputes."--

International Arbitration in the United States
International Arbitration in the United States

Author: Laurence Shore

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 794

ISBN-13: 9041190813

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International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.

International Law in the US Legal System
International Law in the US Legal System

Author: Curtis A. Bradley

Publisher: Oxford University Press

Published: 2020-12-01

Total Pages: 409

ISBN-13: 0197525636

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International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

The Law of Adaptation to Climate Change
The Law of Adaptation to Climate Change

Author: Michael Gerrard

Publisher: American Bar Association

Published: 2012

Total Pages: 0

ISBN-13: 9781614386964

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Taking a sweeping look at the current and proposed legal aspects of coping with climate change, this is a comprehensive resource of laws aimed at increasing resilience and reducing vulnerability to climate change. Written by authorities from private practice, government, and academia, this compendium examines the legal aspects of coping with climate change, both in the United States and around the world. Topics include water, energy, building and infrastructure, public lands, coastal issues, species and ecosystem impacts, disaster preparedness, and critical international issues.

Internal Corporate Investigations
Internal Corporate Investigations

Author: Brad D. Brian

Publisher: American Bar Association

Published: 2003

Total Pages: 506

ISBN-13: 9781590310380

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Guides you through the steps necessary to conduct a proper and thorough legal investigationdescribes and advises you on the methods and skills involved.

International Litigation
International Litigation

Author: David J. Levy

Publisher: American Bar Association

Published: 2003

Total Pages: 412

ISBN-13: 9781590312315

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Provides American and foreign lawyers with a practical overview and summary of the issues and strategies that parties and attorneys most often confront when engaged in international litigation in U.S. federal district courts.

International Commercial Litigation
International Commercial Litigation

Author: Trevor C. Hartley

Publisher: Cambridge University Press

Published: 2009-07-09

Total Pages: 963

ISBN-13: 0521868076

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This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.

Evidence in International Litigation
Evidence in International Litigation

Author: Chittharanjan Felix Amerasinghe

Publisher: Brill Nijhoff

Published: 2005

Total Pages: 536

ISBN-13:

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The basic principles relating to the burden of proof, cooperation in the production of evidence as well as the standard of proof, among others, are examined by reference to worldwide international jurisprudence and policies.

Practical Aspects of WTO Litigation
Practical Aspects of WTO Litigation

Author: Marco Tulio Molina Tejeda

Publisher: Kluwer Law International B.V.

Published: 2020-07-08

Total Pages: 680

ISBN-13: 9041185976

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Global Trade Law Series Volume-54 The World Trade Organization (WTO) Dispute Settlement Understanding (DSU) entered into force in 1995. Since then, it has spawned an extensive body of jurisprudence, making it a highly complex system to navigate. This book provides the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has on-hands experience in WTO litigation. Contributors of individual chapters include government officials responsible for WTO dispute settlement from developing and developed countries, WTO Secretariat officials, a former member of the Appellate Body, academics specializing in international trade and related fields, and lawyers from major law firms specializing in WTO law. Contributors explain, in a detailed manner, the numerous procedural steps and practices developed over the past twenty-five years, on: preparing for WTO litigation; recognizing the importance of WTO consultations; presenting a case before a panel; panel requests and panels’ terms of reference; the role and assistance of the WTO Secretariat; the panel process; rules of evidence; confidentiality and transparency; additional working procedures for the treatment of confidential information; legal remedies to redeem a violation; general considerations for appeal; determining the reasonable period of time for compliance; retaliation proceedings; and use of non-WTO international law. Each contributor identifies the best practices and some of them also suggest potential areas for improvement of the dispute settlement mechanism from their respective points of view. Lawyers and advisors working on WTO law and stakeholders from the private sector, civil society and academia, interested in WTO litigation, will find in one source a deeply informed description of existing dispute resolution practices (some of them previously undocumented) including the most recent jurisprudence clarifying the scope of many procedural rules. With its real-life account of WTO dispute settlement procedures and its key insights and advice from WTO insiders, this book constitutes an expert assessment of a cornerstone of the rules-based multilateral trading system and will prove of enormous value to all stakeholders in international trade.