Principles of International Litigation and Arbitration 1st editon by Folsom, Ralph – Ebook PDF Instant Download/Delivery: 162810354X, 9781628103540
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ISBN 10: 162810354X
ISBN 13: 9781628103540
Author: Folsom,Ralph
Principles of International Litigation and Arbitration is part of West Academic Publishing’s Concise Hornbook series. Its coverage commences in Part One with an introduction to the area, notably choice of law, choice of forum and forum non conveniens issues. Part Two focuses on International Commercial and Foreign Investment Arbitration. Part Three examines International Business Litigation (including jurisdiction, procedure, sovereign defenses, enforcement of judgments and the EU litigation system), finishing with Part Four on WTO and NAFTA Dispute Settlement. Principles provides considerably more depth, analysis, citations and related documents than found in the West Nutshell Series. Principles of International Business Litigation and Arbitration can be used in connection with any international dispute settlement course book. West Academic Publishing has a number of course books in these areas. Principles can also be used independently as an inexpensive course book, notably in conjunction with the legal documents appended at the end of its chapters.
Principles of International Litigation and Arbitration 1st Table of contents:
Chapter 1. Fundamentals of International Business Dispute Settlement, Mediation and Conciliation
§ 1.1 Planning for International Business Dispute Settlement
§ 1.2 Dispute Settlement Alternatives
§ 1.3 Introduction to International Business Dispute Settlement Issues
§ 1.4 Varieties of International Business Litigation
§ 1.5 Mediation and Conciliation, Mini-Trials
§ 1.6 Text of UNCITRAL Model Law on International Commercial Conciliation (2002)
§ 1.7 (AAA) Mediation Rules and Clauses
Chapter 2. Choice of Law, Choice of Forum, and Forum Non Conveniens
§ 2.1 Choice of Law
§ 2.2 Forum Selection Clauses: Courts
§ 2.3 Forum Selection Clauses: Arbitration
§ 2.4 Forum Non Conveniens
§ 2.5 Hague Convention on Choice of Court Agreements (2005)
Chapter 3. International Commercial Arbitration
§ 3.1 Introduction
§ 3.2 Why Arbitrate?
§ 3.3 Ad Hoc and Institutional International Commercial Arbitrations
§ 3.4 Mandatory Law
§ 3.5 The Swedish Example
§ 3.6 Elements of an Agreement to Arbitrate
§ 3.7 Model International Arbitral Rules and Laws: UNICITRAL
§ 3.8 ICC, LCIA, AAA and CIETAC Arbitral Rules and Clauses
§ 3.9 Compelling Arbitration, Recognition and Enforcement of Arbitral Agreements and Awards: The New York and Inter-American Conventions
§ 3.10 Arbitration Agreements, Arbitrators and Awards Under United States Law
§ 3.11 Text of the U.S. Federal Arbitration Act of 1925
§ 3.12 Text of the New York Convention (1958) (NYC) and U.S. Federal Arbitration Act Enactment of the NYC
§ 3.13 Text of Inter-American Convention on International Commercial Arbitration (1975) (IAC) and U.S. Federal Arbitration Act Enactment in 1990 of the IAC
§ 3.14 Text of the UNCITRAL Model International Commercial Arbitration Rules (1976)
§ 3.15 Text of the UNCITRAL Model Law on International Commercial Arbitration (1985)
§ 3.16 Text of the American Arbitration Association (AAA) International Commercial Arbitration Rules
§ 3.17 Text of the AAA/ABA Code of Ethics for Arbitrators (2004)
Chapter 4. Foreign Investment Arbitrations
§ 4.1 Foreign Investment Arbitration: ICSID
§ 4.2 Bilateral Investment Treaty Arbitrations, Energy Charter Treaty Arbitrations
§ 4.3 NAFTA Foreign Investment Law
§ 4.4 Arbitration of Foreign Investor-State Disputes Under NAFTA
§ 4.5 Text of NAFTA Chapter 11 (Foreign Investment)
§ 4.6 Text of United States Model BIT (2012)
§ 4.7 Text of the ICSID Convention (1966)
Chapter 5. International Business Litigation: Jurisdiction
§ 5.1 Introduction
§ 5.2 Personal Jurisdiction, Due Process
§ 5.3 International Human Rights and Environmental Claims Against Businesses in U.S. Courts
§ 5.4 Subject Matter Jurisdiction, Extraterritorial Jurisdiction
§ 5.5 Extraterritorial U.S. Antitrust Jurisdiction; Blocking Statutes
§ 5.6 Extraterritorial EU Antitrust Jurisdiction
§ 5.7 United States-EU Antitrust Cooperation
§ 5.8 The U.K. Protection of Trading Interests Act (“Blocking Statute”) (1980)
Chapter 6. International Business Litigation: Procedure
§ 6.1 Service of Process, the Hague and Inter-American Service Conventions
§ 6.2 Parallel Proceedings, Anti-Suit Injunctions and Lis Pendens
§ 6.3 Proving Foreign Law
§ 6.4 Depositions and Document Discovery Abroad, the Hague Evidence Convention
§ 6.5 Using the Hague Convention on Evidence in U.S. Antitrust Litigation: Letters of Request
§ 6.6 International Discovery in U.S. Antitrust Litigation: Mutual Legal Assistance Treaties; Parties and Non-Parties; Documents, Depositions and Interrogatories; U.S. Discovery in Aid of Foreign Proceedings
§ 6.7 International Discovery in U.S. Antitrust Litigation: Foreign Blocking Statutes
§ 6.8 EU Investigation, Discovery, and Privilege Issues
§ 6.9 Text of the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents (1965)
§ 6.10 Text of the Inter-American Convention on Letters Rogatory (1975) and Its Additional Protocol (1979)
§ 6.11 Text of the Hague Convention on Taking Evidence Abroad in Civil and Commercial Matters (1968) and Model Letters of Request
Chapter 7. International Business Litigation: Sovereign Defenses
§ 7.1 Introduction to Foreign Sovereign Immunity
§ 7.2 History and Rationale
§ 7.3 The Foreign Sovereign Immunities Act of 1976
§ 7.4 Who Is a Sovereign?
§ 7.5 Jurisdictional and Procedural Issues, Attachments
§ 7.6 Exceptions to Sovereign Immunity—Waiver
§ 7.7 Exceptions to Sovereign Immunity—Commercial Activity
§ 7.8 Exceptions to Sovereign Immunity—Takings of Property in Violation of International Law
§ 7.9 Exceptions to Sovereign Immunity—Noncommercial Torts
§ 7.10 Exceptions to Sovereign Immunity—Arbitration Agreements and Awards
§ 7.11 Exceptions to Sovereign Immunity—Terrorism
§ 7.12 Exceptions to Sovereign Immunity—Admiralty
§ 7.13 Exceptions to Sovereign Immunity—Directly Disputed U.S. Property
§ 7.13A Text of Foreign Sovereign Immunities Act of 1976 (FSIA)
§ 7.14 The Act of State Doctrine
§ 7.15 History of Act of State Doctrine
§ 7.16 Act of State and Expropriation
§ 7.17 Limitations on Act of State Doctrine
§ 7.18 Act of State and Separation of Powers
§ 7.19 Act of State Exceptions
Chapter 8. International Business Litigation: Enforcement of Judgments
§ 8.1 Recognition and Enforcement of Foreign Judgments in the States of the United States
§ 8.2 Jurisdiction and the Recognition and Enforcement of Civil and Commercial Judgments in the European Union
§ 8.3 Recognition and Enforcement of Judgments in Canada
§ 8.4 Recognition and Enforcement of Judgments in France
§ 8.5 Text of Uniform Foreign-Money Judgments Recognition Act (1962)
§ 8.6 Text of Uniform Foreign-Country Money Judgments Recognition Act (2005) (With Commentary)
§ 8.7 Text of EU Regulation 1215/2012 on Jurisdiction and the Recognition and Enforcement of Civil and Commercial Matters (Brussels Regulation, Recast Jan. 10, 2015)
Chapter 9. Litigating EU Business Law
§ 9.1 Direct Effects Doctrine
§ 9.2 Directly Effective EU Treaty Provisions
§ 9.3 National Legal Remedies for Directly Effective EU Law
§ 9.4 Article 267 Referrals by National Courts and Preliminary ECJ Rulings
§ 9.5 Acte Clair
§ 9.6 Multiple Official Languages
§ 9.7 Articles 263 and 265—Challenging Regional Institutions
§ 9.8 Articles 263 and 265—Standing to Challenge Regional Institutions, Pleas of Illegality
§ 9.9 Article 258—Commission Prosecutions of Member States
§ 9.10 Contract and Tort Litigation—Court of First Instance (General Court)
§ 9.11 EU Judicial Practice and Procedure
Chapter 10. WTO and NAFTA Dispute Settlement
§ 10.1 Introduction to NAFTA Chapter 20 Dispute Settlement
§ 10.2 Introduction to GATT/WTO Dispute Settlement
§ 10.3 Consultation
§ 10.4 Panel Establishment, Investigation and Report
§ 10.5 Appellate Review of the Panel Report
§ 10.6 Adoption of the Panel or Appellate Body Decision
§ 10.7 Implementation of the Decision Adopted, Compensation
§ 10.8 Authorized Retaliation
§ 10.9 U.S. Involvement in WTO Dispute Resolution
§ 10.10 China Involvement in WTO Disputes
§ 10.11 Text of WTO Understanding on Rules and Procedures Governing the Settlement of Dispu
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