The Many Uses of the Choice-of-Law Clause
In prior posts, I have written about the things that a forum selection clause can and cannot do. In this post, I do the same for choice-of-law clauses. Among other things, a choice-of-law clause may be invoked to: Select a law to govern the contract and claims related to the contract; Provide support for the…
Continue ReadingIs 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 ReadingChiquita Liable for Financing Colombian Paramilitary Death Squads
In a win for international human rights advocacy, a Florida jury has found a U.S. corporation liable for human rights violations committed in a foreign country. This first of three “bellwether” trials involved nine cases. Hundreds remain to be tried in this multidistrict litigation. The jury’s verdict is the latest development in a civil case…
Continue ReadingTransnational Litigation Anticipation: Previewing the Court’s Next Term
TLB recently recapped the Supreme Court’s transnational litigation cases from last Term. This post looks ahead to the upcoming Term, for which the Court has already granted certiorari in a personal jurisdiction case that may have implications for transnational litigation. TLB is also tracking several interesting petitions for certiorari in disputes involving the Foreign Sovereign…
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