Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Alternative litigation financing (1)
- Brussels Regulation (1)
- Chevron Corporation (1)
- Civil Litigation (1)
- Civil Procedure (1)
-
- Civil litigation (1)
- Commercial Law (1)
- Comparative and Foreign Law (1)
- Conflict of Laws (1)
- Conflict of laws (1)
- Constitutional (1)
- Constitutional Law, Generally (1)
- Corporations (1)
- Courts (1)
- Dispute Resolution (1)
- EU Law (1)
- EU law (1)
- Economics (1)
- Enforcement (1)
- Federalism (1)
- Foreign judgment (1)
- Full faith and credit (1)
- Human rights (1)
- International Law (1)
- International Litigation (1)
- International Trade (1)
- Jurisdictional competition (1)
- Laundering (1)
- Law and Economics (1)
- Law and economics (1)
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Transnational Law
Ending Judgment Arbitrage: Jurisdictional Competition And The Enforcement Of Foreign Money Judgments In The United States, Gregory Shill
Ending Judgment Arbitrage: Jurisdictional Competition And The Enforcement Of Foreign Money Judgments In The United States, Gregory Shill
Gregory Shill
Recent multi-billion-dollar damage awards issued by foreign courts against large American companies have focused attention on the once-obscure, patchwork system of enforcing foreign-country judgments in the United States. That system’s structural problems are even more serious than its critics have charged. However, the leading proposals for reform overlook the positive potential embedded in its design.
In the United States, no treaty or federal law controls the domestication of foreign judgments; the process is instead governed by state law. Although they are often conflated in practice, the procedure consists of two formally and conceptually distinct stages: foreign judgments must first be …
Changes In The European Union's Regime Of Recognizing And Enforcing Judgments And Transnational Litigation In The United States, Samuel P. Baumgartner
Changes In The European Union's Regime Of Recognizing And Enforcing Judgments And Transnational Litigation In The United States, Samuel P. Baumgartner
Samuel P. Baumgartner
The European Commission has proposed to amend (recast) the Brussels I Regulation, which governs jurisdiction to adjudicate, parallel proceedings, and judgments recognition within the European Union. Although much of the Brussels I Regulation is simply the 1968 Brussels Convention cast into European Union legislation, the proposed amendments are part of a deeper set of structural and conceptual changes in the law of transnational litigation within the Union over the past couple of decades. Understanding these changes is essential to understanding what drives the proposed amendments and what is likely to follow.
In this paper – presented at the symposium Our …