Using TLB to Teach International Business Transactions
August 29, 2023
This post continues our series explaining how professors can use resources on TLB to teach various classes. This post discusses International Business Transactions (IBT).
Although TLB focuses on litigation and IBT focuses on transactions, there is a great deal of overlap. The most obvious examples are contractual clauses that plan for dispute resolution, like forum selection clauses, arbitration clauses, and choice of law clauses. But TLB has also run posts on other issues relevant to international transactions, including extraterritoriality, corruption, human rights, the CISG, sanctions, antitrust, expropriation, and sovereign debt.
Primers and Topic Pages
TLB has published a growing number of “primers” on topics relevant to IBT, including the act of state doctrine, choice of law clauses, extraterritoriality, foreign judgments, forum selection clauses, and human rights litigation. These primers are a good way to bring students up to speed quickly on a topic. Each primer links to more in-depth posts and resources.
In addition to these primers, TLB’s topic pages include links to important primary materials (like cases, statutes, and treaties) as well as significant works of scholarship. The topic pages also collect recent posts in reverse chronological order, providing opportunities to build students’ awareness of current developments and spark class discussion.
A Selection of Relevant Posts
Below are some suggestions of relevant posts dealing with areas often covered in IBT. The order generally follows the organization of Vagts, Dodge, Buxbaum & Koh, Transnational Business Problems (6th ed. 2019). But professors can easily rearrange the topics if they are using other books or their own materials.
International Dispute Resolution
- A Primer on Forum Selection Clauses
- A Primer on Choice of Law Clauses
- A Primer on Choice of Law
- Mallory Decision Opens New Path for Personal Jurisdiction
- Supreme Court Approves Using Civil RICO to Help Enforce Arbitral Awards
- The Homeward Trend in Chinese Choice-of-Law Cases
- Data on the Enforcement of Forum Selection Clauses
- Zombie Choice-of-Law Clauses
- Forum Selection Clauses, Non-Signatories, and Personal Jurisdiction in New York
- Explaining the Hague Judgments Convention to U.S. Lawyers
- Should the Federal Government Seek to Attract Litigation to the United States?
- Interpreting Foreign Forum Selection Clauses
- The Comparative Value of Choice of Law and Forum Selection Clauses
- Where is the U.S. International Commercial Court?
- ZF Automotive: A Practitioner’s Perspective
Extraterritoriality
- A Primer on Extraterritoriality
- Supreme Court Holds that Trademark Statute Applies Only to Domestic Conduct
- D.C. Circuit Holds that Whistleblower Provision Does Not Apply Extraterritorially
- Surveying Extraterritoriality
- Comparing Extraterritoriality in the EU
Corruption
- U.S. Courts Gut Key Provision of U.N. Convention Against Corruption
- The Role of the FCPA in Transnational Litigation
Business and Human Rights
- A Primer on Human Rights Litigation
- Ninth Circuit Allows Human Rights Claims Against Cisco to Proceed
- Does the TVPRA Apply Extraterritorially? Thoughts on the U.S. Chamber of Commerce Amicus Brief in Doe v. Apple
- Has the Alien Tort Statute Made a Difference?
- The ATS Clarification Act Can Protect Human Rights and Level the Playing Field for U.S. Businesses
Sale of Goods
- CISG Opt-Outs and Party Intent
- Rewarding Ignorance of the CISG: A Response to John Coyle
- District Court Holds that Magnuson-Moss Warranty Act Does Not Apply Extraterritorially
Intellectual Property
- Abitron Eliminates Circuit Tests but Causes More Confusion
- What is a “Domestic Application” of the Lanham Act? The Supreme Court Creates More Questions than It Answers
- Territoriality v. Extraterritoriality in Intellectual Property
Sanctions
- Why the Indictment Against Halkbank Must Be Dismissed
- Sanctions Against Russia and Section 1782 Discovery
- How Congress Should Designate Russia a State Sponsor of Terrorism
- Afghan Central Bank Assets Should Be Immune in Cases against the Taliban
Antitrust
- Throwback Thursday: International Association of Machinists v. OPEC
- Second Circuit Rejects Act of State Doctrine in Antitrust Case
- Cert Petition Challenges Second Circuit’s Comity Abstention Doctrine
Securities
- Extraterritorial Application of Federal Securities Law After Morrison
- Second Circuit Again Limits Extraterritorial Reach of Commodity Exchange Act
Expropriation
- A Primer on the Act of State Doctrine
- Litigating Expropriation Claims in U.S. Courts
- More Evidence that Helms-Burton is Backfiring
- D.C. Circuit Addresses FSIA in Hungarian Art Case
- New Article Argues that the Helms-Burton Act Has Backfired
Sovereign Debt