International Litigation Strategies and Practice, Third Edition, is intended as a helpful desk reference for practitioners, both those steeped in international practice and those who have only occasional exposure to the field. It assists them in navigating complex and evolving subject areas, spotting issues, and developing strategies and approaches for effective client representation.
This updated and expanded edition provides practitioners with practical skills in important facets of international litigation, including approaches and techniques that often make the difference between effective strategy and wasted effort. It also guides readers to a working understanding of principles and precedents in various aspects of the ever-changing substantive law in international disputes, proceedings, and investigations.
Sprache
Verlagsort
Zielgruppe
Produkt-Hinweis
Broschur/Paperback
Klebebindung
Illustrationen
Maße
Höhe: 251 mm
Breite: 178 mm
Dicke: 30 mm
Gewicht
ISBN-13
978-1-63905-255-4 (9781639052554)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Theodore Edelman is a partner of Sullivan & Cromwell LLP and a member of the firm's Litigation Group. He divides his time between the firm's offices in New York and London. He has represented both U.S. and nonU.S. corporate clients in a wide variety of litigation and regulatory matters, including matters relating to antitrust, commercial contracts, commercial banking, corporations and securities, insurance and annuities, intellectual property, mergers and acquisitions, white-collar criminal investigations, and prosecutions and investigations by the U.S. Securities and Exchange Commission, New York Stock Exchange, the Financial Industry Regulatory Authority, U.S. Federal Trade Commission, U.S. Department of Justice, Federal Reserve Bank of New York, Commission of the European Communities, the offices of the attorney general of various states of the United States, and the banking, corporate, securities, and competition regulators in various other jurisdictions. Barton Legum is a founding partner of Honlet Legum Arbitration in Paris. He has over 30 years' experience in litigating complex cases, with a focus on international arbitration and litigation in general and arbitration under investment treaties in particular. He has repeatedly served as lead counsel and arbitrator in ICSID cases, acting as counsel both for States and for investors. From 2000 to 2004, Bart served as Chief of the NAFTA Arbitration Division in the Office of the Legal Adviser, United States Department of State. In that capacity, he acted as lead counsel for the United States Government defending over $2 billion in claims submitted to arbitration under the investment chapter of the North American Free Trade Agreement (NAFTA). The United States won every case heard under his tenure. Bart is a past Chair of the ABA Section of International Law. He previously held a variety of offices in the Section, including Chair of the Disputes Division and Co-Chair of the Section's International Litigation Committee. He is an editor of International Litigation Strategies and Practice (2d ed. 2014), a book published by the American Bar Association, and frequently writes and speaks at conferences on international arbitration and litigation.
CONTENTS
About the Editors vii
About the Contributors ix
Introduction xxiii
PART I: The Essentials
CHAPTER 1
Finding the Right Lawyer for the
Job Overseas 3
Raquel A. Rodriguez
CHAPTER 2
Communicating Effectively with
Foreign Clients and Lawyers 21
Barton Legum
CHAPTER 3
Litigation in the Civil Law and
the Common Law: The Basics 27
George A. Bermann
CHAPTER 4
Transnational Litigation and
Professional Ethics 39
CHAPTER 5
Introducing Foreign Clients to
U.S. Civil Litigation 53
Donald Francis Donovan, Guilherme
Recena Costa, Laura Sinisterra, and Justin R. Rassi
PART II: Strategy and Practice in
International Litigation
CHAPTER 6
Finishing before You Start:
International Mediation 71
Michael McIlwrath and Elpidio
Villarreal
CHAPTER 7
Where to Sue: Finding the Most
Effective Forum in the World 81
Louise Ellen Teitz
CHAPTER 8
Provisional Measures in
Cross-Border Cases 115
Jonathan I. Blackman
CHAPTER 9
Foreign Antisuit Injunctions 129
Jose I. Astigarraga and Sujey
Herrera
CHAPTER 10
Twelve Rules for Obtaining
Evidence from Abroad 149
Glenn P. Hendrix
CHAPTER 11
A Practitioner's Guide to
Enforcement of Foreign Country Money Judgments in the United States 193
Edward H. Davis Jr. and
Christopher A. Noel
PART III: Special Forums and
Tribunals
CHAPTER 12
When to Arbitrate Rather Than
Litigate 227
Carolyn B. Lamm and Eckhard R.
Hellbeck
CHAPTER 13
International Commercial
Arbitration: A Primer for U.S. Litigators 251
David W. Rivkin, Christopher K.
Tahbaz, and Dietmar W. Prager
CHAPTER 14
Investment Treaty Arbitration: An
Option Not to Be Overlooked
275
Barton Legum
CHAPTER 15
Suing for Torture 285
Beth Stephens
CHAPTER 16
International Extradition 307
Nina Marino and Jennifer Lieser
CHAPTER 17
Attorney-Client Privilege in the
International Sphere 339
Ethan Berghoff and Matthew Thomas
CHAPTER 18
The Foreign Corrupt Practices Act:
An Overview 365
Theodore Edelman and Alana M.
Longmoore
CHAPTER 19
Practice before the International
Court of Justice 423
Dr. Pieter H. F. Bekker
CHAPTER 20
Litigation in the European Court
of Human Rights 445
Helen Mountfield, KC
CHAPTER 21
Twenty Years of the International
Criminal Court 465
David Stoelting
Index 489
