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Transnational Litigation and Arbitration

Taught by Professor George Bermann,this course addresses basic procedural problems that might arise in dealing with transactions that cross national boundaries. The primary focus is on those matters that are most likely to require the hands-on attention of the American lawyer, including access to American courts by foreign litigants and jurisdiction over foreign defendants, pleading and proof of foreign law, judicial and executive assistance for litigation abroad, problems in securing evidence located abroad (particularly in light of foreign blocking measures), immunities and defenses, and enforcement of arbital awards and judicial judgments. Students are also introduced to the planning aspects of international dispute resolution: choice of law, choice of forum, litigation versus arbitration, etc.