International Litigation: A Guide to Jurisdiction, Practice and Strategy

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9780131067172: International Litigation: A Guide to Jurisdiction, Practice and Strategy

Any lawyer confronted with international litigation should turn to this practical resource with relief - and complete confidence. In looseleaf format to ensure up-to-date reliability, "International Litigation" guides the practitioner step by step through the international litigation process, revealing the advantages and forewarning of the pitfalls he or she is likely to encounter along the way. Key topics are covered in a way that lawyers should find readily comprehensible. Practitioners should quickly understand how to: seek and obtain favourable venue; understand jurisdictional issues as a function of the US legal system; master the intricacies of effecting service of process in an international dispute; analyze personal jurisdiction questions, including the incidence of a non-US party subject to suit in the US; obtain jurisdiction over foreign governments and foreign corporations owned by governments; determine whether foreign law applies, and prove it; involve foreign sovereigns using the Act of State Doctrine, the Foreign Sovereign Immunities Act, and other relevant theories and statutes; and obtain evidence outside US borders. With convenient checklists and practical strategies, "International Litigation" offers solutions to such pressing questions as: arbitration or litigation - which affords the better chance for success?; should the suit be brought domestically or in a foreign jurisdiction?; is success in securing enforcement of a winning judgement more likely here or abroad?; how far should you trust your own skills and resources, and when should you turn to foreign counsel? how can you judge the competence of foreign counsel?; how do you secure dependable foreign assistance?; can international differences in service of process, collecting and presenting evidence, interviewing witnesses, and pivotal jurisdiction points jeopardize your chances for winning?; and which international law conventions are in force in which foreign nations?

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About the Author:

David Epstein is the Director of Foreign Litigation in the Civil Division of the U.S. Department of Justice. He is responsible for the worldwide supervision of cases involving the United States in foreign courts. Jeffrey L. Snyder is a practicing attorney with Sonnenschein, Nath & Rosenthal, Washington, D.C. Charles S. Baldwin, IV, is a practicing attorney with Rountree & Seagle in Wilmington, N.C.

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