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Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Nathan M. Crystal
The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP). To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the …
Enforceability Of Forum Selection Clauses: A "Gallant Knight" Still Seeking Eldorado, Nathan M. Crystal, Francesca Giannoni-Crystal
Enforceability Of Forum Selection Clauses: A "Gallant Knight" Still Seeking Eldorado, Nathan M. Crystal, Francesca Giannoni-Crystal
Nathan M. Crystal
Forum selection clauses (“FSC”) are very common in both domestic and international contracts. In Bremen v. Zapata Off-Shore Company (“Bremen”), 407 U.S. 1 (1972), the Supreme Court established basic standards for the enforceability of such clauses. Relying on Bremen standards, courts today generally enforce FSC. However, the vagueness of Bremen standards leaves room for a party to resist enforcement. The result may be delay and inefficiency. The Supreme Court has said that arbitration clause is a form of FSC, but it has applied different standards for the enforcement of arbitration clauses from FSC. This article argues for a reformulation of …