Craig H. Allen
LAW E 538
Examines the law governing private civil disputes in U.S. courts arising from transnational transactions, including: jurisdiction; forum selection and choice-of-law clauses; extraterritorial service of process, discovery, and application of U.S. law; parallel proceedings; foreign sovereign immunity; Act of State doctrine; and recognition and enforcement of foreign judgments.
This course examines the special procedural and substantive law governing litigation and arbitration of private and semi-public disputes arising out of transnational transactions and occurrences. Coverage includes suits by foreign plaintiffs and against foreign defendants in U.S. courts, transnational service of process and evidence collection abroad, recognition of judgments, the Act of State Doctrine, suits against foreign sovereigns and transnational arbitration.
Student learning goals
General method of instruction
Lectures and in class problems.
PREREQUISITES: Familiarity with the Federal Rules of Civil Procedure and the territorial and subject matter jurisdiction concepts covered in Civil Procedure I is required. Civil Procedure II (Law B 500) and Conflict of Laws (Law B 506) are recommended.
Class assignments and grading
Final grades will be based on a comprehensive final exam.