Is It Too Dangerous To Litigate In Israel?
Many international contracts contain forum selection clauses stating that litigation must occur in the courts of a particular country. While these clauses provide a welcome measure of certainty as to where future disputes will be resolved, they are sometimes viewed as inconvenient by plaintiffs who would prefer to sue in the United States. In an…
Continue ReadingThe Most-Viewed Posts of 2025 (So Far)
As we approach the third anniversary of Transnational Litigation Blog—the site officially launched on March 28, 2022—I thought it would be interesting to take a look at which posts have attracted the most views in the first few months of 2025. A list of the top ten appears below. Views 1 A Primer on Choice-of-Law…
Continue ReadingChoice of Law in Terrorism Cases in the District of Columbia
When an Iranian-backed terrorist group operating out of Lebanon detonates a bomb in Israel that kills a U.S. citizen domiciled in Texas, what law governs civil claims brought against Iran in the District of Columbia (DDC)? Some version of this choice-of-law question has been presented to the DDC many times over the past two decades….
Continue ReadingNorth Carolina Court Recognizes Ghanaian Proxy Marriage
A marriage celebrated outside the United States will generally be recognized by a court within the United States if two requirements are met. First, the couple must have satisfied all of the legal requirements of the place of celebration. Second, the marriage cannot be contrary to the public policy of the recognizing state. The North…
Continue ReadingA Plea for Private International Law
In early January 2025, I published a post titled “Teaching Conflict of Laws at U.S. Law Schools.” The post surveyed the course offerings of the top 50 U.S. law schools to see whether Conflict of Laws had been offered during the previous two academic years. Shortly after it went live, I received the following email from…
Continue ReadingDangerous Foreign Courts
U.S. courts have long recognized that certain civil cases should not be litigated in the United States. Even when a U.S. court has jurisdiction, a case may still be dismissed for forum non conveniens if the court concludes that the case would be more appropriately heard in the courts of another country. This inquiry typically…
Continue ReadingInterpreting Choice-of-Law Clauses Waiving Sovereign Immunity
The Foreign Sovereign Immunities Act provides that a foreign state shall not be immune if it has “waived its immunity either explicitly or by implication.” Over the past forty years, U.S. courts have consistently held that a choice-of-law clause selecting the law of a U.S. state constitutes an implied waiver of foreign sovereign immunity. In…
Continue ReadingChoice of Law in the American Courts in 2024
The thirty-eighth annual survey on choice of law in the American courts is now available on SSRN. The survey covers significant cases decided in 2024 on choice of law, party autonomy, extraterritoriality, international human rights, foreign sovereign immunity, adjudicative jurisdiction, and the recognition and enforcement of foreign judgments. This annual survey was admirably maintained by Symeon Symeonides for…
Continue ReadingA Primer on Service-of-Process Clauses
A service-of-process clause is a contract provision that specifies how a summons and a complaint shall be served upon a person named as a defendant in a U.S. court. This post surveys the issues presented by such provisions. It first discusses the three most common varieties: (1) those that specify a method by which process…
Continue ReadingConflict of Laws Workshop
The Second Annual Conflict of Laws Workshop (CLAW) will be hosted by the University of Oklahoma College of Law in Norman, Oklahoma, on May 16, 2024 with a welcome dinner the night before. The CLAW aims to provide a forum to discuss new work in conflict of laws. The CLAW welcomes work on all aspects…
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