Transnational Litigation

This course examines all major aspects of the conduct of international cases in national courts. Primary emphasis is on the conduct of transnational litigation in U.S. courts. However, there will be some comparative treatment of the conduct of transnational litigation in the courts of other countries (notably the European Union and its Member States). Like the course in international commercial arbitration, after briefly identifying the major policy issues at stake in the subject, the course will turn to all major phases in the life cycle of the resolution of transnational disputes in national courts. These include: jurisdiction of national courts (both personal and subject matter); sovereign immunity, parallel litigation (actual or potential concurrent jurisdiction with legal proceedings on the same or similar claim in judicata and "clawback" litigation); service of legal documents on foreign soil, transnational provisional relief and the obtaining of evidence, assistance to litigation in the courts of other jurisdictions; and the recognition and enforcement of foreign country judgments (with special attention to international conventions on the subject).

Required Textbook: Transnational Civil Litigation, Joachim Zekoll, West 2013, ISBN 9780314908131
https://courseworks.columbia.edu/tbook-tool/viewTextbook.vtb?courseId=LAW_L6912_001_2017_1