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Full-Text Articles in Law

Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan Mar 2000

Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan

Research Collection Yong Pung How School Of Law

An increasingly popular manner of drafting jurisdiction clauses in cross-border contracts involves the selection of the courts of more than one jurisdiction. Traditionally, parties would submit all disputes to the courts of a particular country under an exclusive jurisdiction agreement or agree that the transaction is subject to a particular jurisdiction without intending to create an obligation to proceed there and nowhere else. Of late, the Singapore courts have encountered litigation over multi-courts jurisdiction agreements. A common form involves the naming of a particular court with one of the parties being given the option to proceed anywhere else.


Dueling Class Actions, Rhonda Wasserman Jan 2000

Dueling Class Actions, Rhonda Wasserman

Articles

When multiple class action suits are filed on behalf of the same class members, numerous problems ensue. Dueling class actions are confusing to class members, wasteful of judicial resources, conducive to unfair settlements, and laden with complex preclusion problems. The article creates a typology of different kinds of dueling class actions; explores the problems that plague each type; considers the effect the Supreme Court's decision in Matsushita Electric Industrial Co. v. Epstein, 516 U.S. 367 (1996), has had on these problems; evaluates the efficacy of existing judicial tools to curb them; and proposes an array of possible solutions. The more …


Every Conflicts Decision Is A Promise Broken, Gene R. Shreve Jan 2000

Every Conflicts Decision Is A Promise Broken, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Adrift On The Sea Of Indeterminacy, Michael H. Gottesman Jan 2000

Adrift On The Sea Of Indeterminacy, Michael H. Gottesman

Georgetown Law Faculty Publications and Other Works

Today's conflicts scholars no doubt consider themselves a diverse bunch, with widely differing views about how law should be chosen in multistate disputes. But from the trenches, most of them look alike. Each waxes eloquent about the search for the perfect solution-the most intellectually and morally satisfying choice of law for each dispute-and each ends the theorizing by embracing some proposition that will prove wholly indeterminate in practice.