The Case for Attracting Litigation Business to the United States
U.S. state and federal courts routinely and reliably enforce “inbound” forum selection clauses (FSCs)—that is, if a party sues in a U.S. court designated by a contractual forum selection clause, courts will hear the case rather than dismissing on the basis of forum non conveniens. In a recent post, John Coyle urged federal actors to…
Continue ReadingThe Case of the Missing U.S. Judges: Traveling Judges on International Commercial Courts
In March, two sitting UK Supreme Court justices resigned from the Hong Kong Court of Appeals, citing the 2020 National Security Law, which had made their continued presence politically difficult for the UK government. Hong Kong’s highest court was established in 1997 to reassure foreign interests about the continuity of the common law and the…
Continue ReadingWhere is the U.S. International Commercial Court?
Many countries have been setting up domestic courts devoted to international commercial disputes. Why hasn’t the United States? Perhaps because New York courts are already doing that work.
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