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Transatlantic Commercial Litigation and Arbitration


ISBN13: 9780379214239
ISBN: 0379214237
Published: December 2004
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £250.00



Despatched in 3 to 5 days.

This new book focuses on transatlantic disputes involving England and the United States. Despite their common legal heritage, there are fundamental differences with the process of dispute resolution in each of the two countries. This book is aimed at trying to elucidate those differences so that those engaged in transatlantic business have some idea of the pitfalls to expect in the other country. Each chapter is co-written by an English attorney and a United States lawyer ensuring that legal and practical considerations are addressed from both perspectives.

This essential desktop reference answers such questions as: In what circumstances can a party be subject to jurisdiction in England or the United States?; If a dispute is being litigated in the courts of one country, but evidence is located in another, what are the procedures for obtaining evidence for use in the foreign court?; How can one enforce a judgment obtained in England in the United States, and vice versa?; What strategies can a party use in the event of parallel proceedings in both England and the United States?

John Fellas is a Partner in the New York office of Hughes, Hubbard & Reed LLP

Subjects:
Commercial Law, Conflict of Laws
Contents:
Chapter I. Overview of Litigation in England and the United States
Chapter II: Jurisdiction Over Foreign Defendants
Chapter III: Forum Selection and Choice of Law Clauses
Chapter IV: Service of Process
Chapter V: Prejudgment and Asset Tracing
Chapter VI: Parallel Proceedings
Chapter VII: Discovery
Chapter VIII: Extraterritoriality and Blocking Statutes
Chapter IX: Foreign Sovereign Immunity
Chapter X: Proof of Foreign Law
Chapter XI: Enforcement of Foreign Judgments;