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Interpretative Challenges Of 28 U.S.C. § 1782 In The Aftermath Of Intel Corp. V. Advanced Micro Devices, Inc., Gabriela B. Clark
Interpretative Challenges Of 28 U.S.C. § 1782 In The Aftermath Of Intel Corp. V. Advanced Micro Devices, Inc., Gabriela B. Clark
Vanderbilt Journal of Transnational Law
The rise of globalization and the normalization of transnational commercial agreements motivated the United States to make commitments that seek to facilitate the resolution of international litigation and dispute resolution processes. One of the byproducts of the United States' commitment to international cooperation is 28 U.S.C.§ 1782, a statute that opens American courts to foreign parties seeking discovery for use in foreign proceedings. Continuous amendments to this statute, paired with a Supreme Court decision that provided an overly vague, unworkable balancing test, gave free rein to lower courts' discretionary powers, ultimately resulting in a myriad of conflicting decisions. This Note …
An Empirical Study Of Dispute Resolution Clauses In International Supply Contracts, John F. Coyle, Christopher R. Drahozal
An Empirical Study Of Dispute Resolution Clauses In International Supply Contracts, John F. Coyle, Christopher R. Drahozal
Vanderbilt Journal of Transnational Law
International transactions present unique legal risks. When a contract touches several different nations, a party may not know where it will be called upon to defend a lawsuit or, alternatively, which nation's law will be applied to resolve that dispute. To mitigate these risks, parties will often write dispute resolution provisions into their contracts. Arbitration clauses and forum selection clauses help to reduce uncertainty relating to the forum. Choice-of-law clauses help to reduce uncertainty as to the governing law. Over the past few decades, such provisions have become commonplace in international contracting. And yet there exist vanishingly few empirical studies …
Where's The Beef? Mad Cows And The Blight Of The Sps Agreement, Ryan D. Thomas
Where's The Beef? Mad Cows And The Blight Of The Sps Agreement, Ryan D. Thomas
Vanderbilt Journal of Transnational Law
This Note will first outline the SPS Agreement itself--specifically, Part II attempts to present the relevant articles in a manner providing the necessary background for understanding the WTO dispute panel and Appellate Body decisions. Next, Part III discuss and critique, the dispute panel and Appellate Body decisions, specifically, noting the shortcomings of these decisions in the context of the SPS Agreement and its utility as a precedent of international dispute resolution in the area of international regulation of drugs and feedstuffs. Next, I will addresses the likely effect of these decisions upon a possible WTO resolution of the SRM dispute …