International Litigation and Arbitration (American Casebook Series)

In INTERNATIONAL LITIGATION AND ARBITRATION Professor Lowenfeld distills for students and instructors his many years of activity as a private practitioner, State Department lawyer, international arbitrator, prolific writer on international legal subjects, and reporter for the Restatement of Foreign Relations Law. From this wealth of experience he has fashioned a fascinating set of cases, narrative, and notes and questions focused on litigation involving parties from more than one state.

Most of the cases presented have some relation to the United States, but they do not all come from United States courts. Indeed, one of the principal features of the book is that when related fudicial decisions or other actions take place in more than one country, all the relevant steps are exposed to scrutiny. Thus such familiar cases as United States v. ICI, Zapata Off-Shore v. The Bremen, Laker v. Sabena, Untied States v. Marc Rich, Somportex v. Philadelphia Chewing Gun, Societe Internatinale v. Rogers, and the Uranium Antitrust Litigation, are presented in at least two, and in some instances three different settings as well as narrative explaining what the underlying controversy was about.

The cases involving resistance by foreign parties to jurisdiction of American courts are followed by illustrations of efforts to enforce American judgments overseas, and of the alternative of international arbitration. Cases about jurisdiction to prescribe are placed in the context of the search for criteria for application of public law, (e.g., antitrust and securities regulation) to activity taking place, or having effect, in more than one country.

The act of state doctrine and the law of claims against foreign states are presented both in historical and in current context. The continuing struggle over the extent of U.S. discovery of information located abroad is accompanied by brief discussion of fact-gathering in other states, and by exploration of the Hague Evidence Convention. The book also explores the uses and abuses of grand jury investigations or multinational enterprises and multinational crime, including money laundering and bank secrecy. Throughout the volume, the elusive question of state of sovereign interests is subjected to searching inquiry, including resort to sanctions by the United States and blocking statutes by foreign states.

Professor Lowenfeld's book is suitable for an advanced course or seminar in international law, conflict of laws, or civil procedure. The elaborate textual and source material make the book usable both for instructors experienced in international litigation and for those who have not previously taught such a course but feel the urge to branch out.