“Without Regard to Principles of Conflict of Laws”
The phrase “without regard to principles of conflict of laws” appears at the end of many choice-of-law clauses: This Agreement shall be governed by the laws of England without regard to its principles of conflict of law. This Agreement shall be construed in accordance with the laws of Ontario without regard to its conflict of…
Continue ReadingThe Foreign Sovereign Immunities Act at 50
The Foreign Sovereign Immunities Act (FSIA) turns 50 this year. To celebrate the anniversary, the George Washington Law Review is hosting a symposium about the FSIA on October 8-9. The event is free, and those interested in attending are encouraged to register here. The event kicks off at 4:00 on Thursday, October 8, with an…
Continue ReadingDebunking the Seventeenth-Century “Roots” of Forum Non Conveniens
Courts and commentators will sometimes assert that forum non conveniens is an “ancient common law doctrine” that has “deep roots” tracing back to the 1600s. As I recount in a forthcoming book chapter, those assertions all appear to trace back to a 1947 law review article and the three Scottish cases on which the author…
Continue ReadingSecond Circuit: Revenue Rule Does Not Block Fraud Claims by Danish Tax Authority
Two weeks ago, in Skatteforvaltningen v. Markowitz, the Second Circuit Court of Appeals issued a decision involving one of the less frequently invoked doctrines of transnational litigation: the so-called “revenue rule.” This rule essentially bars courts in one country from enforcing the tax laws of another. As the recent decision indicates, though, it does not…
Continue ReadingDue Process and in rem Jurisdiction
The Ninth Circuit Court of Appeals recently held in United States v. Nasri that Fifth Amendment due process is violated if a federal court exercises in rem jurisdiction but lacks custody or constructive control over the property. The district court, Judge Hayes (S.D. Cal.), had held to the contrary, and Judge Bennett dissented from the panel…
Continue ReadingIBT Seminar Series
Transnational disputes often arise from international business transactions. Readers who are interested in international business transactions may want to participate in the International Business Transactions Virtual Seminar Series, which returns for 2026–2027 with the theme: “Asia at the Center of Global Business.” This year’s lineup features scholars exploring legal, economic, and institutional developments shaping cross-border…
Continue ReadingFallout from Cisco in Human Rights Cases, Part II: Cisco on Remand
It is no surprise that the U.S. Supreme Court’s decision in Cisco Systems Inc. v. Doe (2026), which closed the door on modern human rights claims under the Alien Tort Statute (ATS), is impacting cases in the lower courts. Yesterday, I discussed the impact on Al Shimari v. CACI Premier Technology, Inc., where the Fourth…
Continue ReadingFallout from Cisco in Human Rights Cases, Part I: Al Shimari
As regular readers know, last June the U.S. Supreme Court closed the door on modern human rights claims under the Alien Tort Statute (ATS), holding in Cisco Systems Inc. v. Doe (2026) that the ATS’s implied cause of action does not cover such claims. In two posts, today and tomorrow, I consider recent lower-court developments…
Continue ReadingDoes the FSIA Permit Trials in Absentia?
During the course of a lengthy litigation, Venezuela stopped defending a lawsuit, due to a change in government. The court set pretrial deadlines, which Venezuela did not meet. The district court did not enter a default, however, because the plaintiff wanted instead to prove his case. The court accordingly held a bench trial (without Venezuela’s…
Continue ReadingMule Deer and Forum Selection Clauses
The El Chaparral Ranch in Sonora, Mexico, aspires to provide a world-class hunting experience “for anyone in pursuit of trophy mule deer, desert bighorn sheep, or the exclusive Coues deer.” In 2016, the Ranch contracted with Abraham Garcia Marmolejo, a U.S. citizen residing in Texas, to promote and sell hunts at the Ranch. Marmolejo would…
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