This writing seminar examines resolution of disputes arising from transnational business transactions. Participants will be introduced to the development and operation of arbitration as a mechanism for resolving disputes and applicable U.S., international, and foreign laws, rules, and conventions relating to institution of arbitration, arbitration procedures, and enforcement of awards. Also considered are national jurisdiction over parties, the obtaining of evidence, and the enforcement of judgments internationally, as well as dispute resolution in dealings with foreign governments. Multiple cross-border lawsuits over the same dispute, forum shopping, and forum non conveniens are among the other subjects addressed. In addition to procedural matters, we may discuss the extraterritorial applicability of U.S. regulatory laws (antitrust, securities, RICO, etc.) and their role in transnational litigation. Students who have already taken Professor Westbrook's International Business Litigation or another International Litigation course may not take this seminar.
Westbrook, Jay L.