International Litigation and Arbitration: Practice and Planning

Many important developments have made it desirable to publish a new edition of International Litigation and Arbitration. As with past editions, a detailed teacher’s manual is available and the materials will be kept up to date with annual supplements.

A new feature is an introduction to chapter 1 that provides an overview of conflict of laws, personal jurisdiction, and issues arising from the U.S. division of adjudicatory competence between state and federal courts. Retained from the 4th edition is a problem appendix with which teachers can cover or review major portions of the book. The teacher’s manual analyzes the problems.

New principal cases decided since the 4th edition include U.S. Supreme Court decisions on the retroactivity of the Foreign Sovereign Immunities Act, the meaning of the convention term “accident” when seeking recovery for injuries incurred on international flights, the ability of foreigners injured abroad to recover under the Sherman Act, the Federal Tort Claims Act, and the Alien Tort Claims Act. A new principal case and extensive notes expand the analysis of personal jurisdiction based on Internet activities. The 5th edition increases the coverage of arbitration including discussions of obtaining evidence, the “nonneutral” arbitrator, and when a nonsignatory is bound by an agreement to arbitrate. Extensive notes, a feature of this and past editions, bring the book up to date including this year’s Ninth Circuit en bank decision, which is the latest chapter in Yahoo!’s efforts to free itself from the mandates of a French court, and last year’s decisions of the Court of Justice of the European Communities further restricting the ability of English courts to grant forum non conveniens stays, and of the House of Lords denying recovery for deep vein thrombosis induced by the circumstances of international airplane travel.

Some comments from those teaching the book:

"I have thoroughly enjoyed teaching the course. Your materials are truly splendid."
-- An international litigation expert from Vinson & Elkins

"I enjoyed very much using International Litigation and Arbitration this past semester. You've done a great job balancing breadth and depth." -- Kevin Kennedy, Michigan State University, Detroit College of Law

The late Russell Weintraub was the Ben H. & Kitty King Powell Chair Emeritus in Business & Commercial Law at the University of Texas School of Law.