Transnational Litigation and Arbitration

3 units

This course introduces the fundamental rules every lawyer should know to manage transnational legal interactions in a globalized world. Today, commercial and personal relationships frequently span national borders and lawyers are increasingly called upon to resolve disputes involving foreign citizens, conduct, or harm. Proficiency in transnational dispute resolution is essential for lawyers working in international business or public law. It is also valuable for those practicing in domestic areas where transnational issues regularly arise, such as family law, environmental law, product liability, intellectual property, civil rights, criminal law, and corporate law. This survey course covers key sources of law, dispute resolution mechanisms, and enforcement tools relevant to transnational disputes. In other words, it equips lawyers to answer the three key questions at the heart of any transnational dispute: What law applies? In what court or tribunal can this dispute be resolved? And how can any resulting judgment be enforced? Topics include choice of law, extraterritoriality of U.S. law, international law in U.S. courts, comparative law, personal jurisdiction in transnational matters, international courts, international commercial arbitration, and enforcement of foreign judgments. The course serves as a good foundation for other international and transnational courses, such as international business transactions and has no prerequisite. Grades will be based on an exam and may also take into account class participation and attendance. [BCCCR Requirement: this course contains 5 or more hours of BCCCR instruction.]