Cross-Border Litigation

This course is an introduction to cross-border litigation. The increasing physical and technological globalization of business has inevitably resulted in a dramatic increase globally in the number of litigated disputes where the parties are based in different jurisdictions, or there is some other international aspect, such as the location of evidence or assets. What substantive legal issues tend to arise? (e.g., jurisdiction, choice of law, enforcement of foreign judgments). What are the practical challenges associated with litigation across borders? How can both substantive legal and practical challenges be avoided, minimized, or managed? The first class will address these issues generally, and in the following classes we will discuss the following issues: Common Law vs. Civil Law Jurisdictions, International Judgment Enforcement, Government Enforcement Defense, Asset Recovery and Protection (other than Judgment Enforcement), Insolvency and Restructuring, Arbitration, and the Law of Privilege.