New York

Forum Selection Clauses, Non-Signatories, and Personal Jurisdiction in New York

As a general rule, the law will not vest contractual rights in (or impose contractual obligations upon) individuals who are not parties to an agreement. Over the past few decades, however, the courts have had occasion to relax this rule in the context of forum selection clauses. As previously discussed here and here and at…

Continue Reading

CISG Opt-Outs and Ascertaining Party Intent: A Back-to-Basics Perspective

Two of this year’s contributions to Transnational Litigation Blog have addressed the intellectually stimulating but also practically pressing issue of identifying when, and how, commercial parties can exclude the United Nations Convention on Contracts for the International Sale of Goods from their international sales agreements. In Professor John Coyle’s CISG Opt-Outs and Party Intent, Professor…

Continue Reading

The PDVSA Bonds, Autocracy, and the Venezuelan Constitution

The Second Circuit’s recent decision in Petróleos de Venezuela S.A. v. MUFG Union Bank, N.A. certified a number of choice-of-law questions to the New York Court of Appeals. The decision to certify, which had the effect of postponing a definitive resolution of the dispute, was previously discussed at TLB here and here. In this post, I focus…

Continue Reading

A Deeply Flawed Personal Jurisdiction Decision in the SDNY

When dealing with forum selection clauses, one of the most important—if unappreciated—distinctions is between inbound and outbound clauses. An inbound clause selects the court where the suit was filed. An outbound clause selects a court that that is not the forum. Another important distinction is the one between exclusive clauses, which stipulate that suit must…

Continue Reading

Who Owns the Ferrari F50?

The Ferrari F50 is, by all accounts, a pretty amazing car. One website describes it as the “ultimate showcase of the infamous Italian marque” and “one of the most sought-after driving machines in the world.” Only 349 were ever made. Just last year, a Ferrari F50 sold at auction for roughly $3.8 million. All of…

Continue Reading

Where 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.

Continue Reading

Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

David L. Sloss

Santa Clara University School of Law
Bio | Posts

John Parry

Lewis & Clark Law School
Bio | Posts

Mark B. Feldman

Georgetown University Law Center
Bio | Posts

Lawrence Collins

University College London
Bio | Posts

Dmitriy Bogorodskiy

Pepperdine University
Bio | Posts

Pamela K. Bookman

Fordham University School of Law
Bio | Posts

Azadeh Mizani

Shahid Beheshti University
Bio | Posts

Matt Hornung

Cornell Law School
Bio | Posts