Abstract

http://ssrn.com/abstract=1874370
 


 



The New Multipolarity in Transnational Litigation: Foreign Courts, Foreign Judgments, and Foreign Law


Christopher A. Whytock


University of California, Irvine, School of Law

Marcus S. Quintanilla


affiliation not provided to SSRN

May 30, 2011

Southwestern Journal of International Law, Vol.18, 2011
UC Irvine School of Law Research Paper No. 2011-29

Abstract:     
Conventional wisdom suggests that the transnational litigation system is essentially unipolar, or perhaps bipolar, with the United States and the United Kingdom acting as the leading providers of courts and law for transnational disputes. Our overarching conjecture is that this unipolar (or bipolar) era – if it ever existed at all – has passed, and that transnational litigation is entering an era of ever increasing multipolarity. If this intuition is correct, then it will be increasingly important for U.S. judges and lawyers to be comfortable handling a wide range of conflict-of-laws problems, and prepared to consult closely with their colleagues abroad.

In this Article – based on our remarks at the International Law Weekend-West Conference held at Southwestern Law School in February 2011 – we develop three aspects of this conjecture, corresponding to three dimensions of the new multipolarity in transnational litigation. In Part I, we discuss the growing relative importance of non-U.S. forums for transnational litigation. In Part II, we highlight the potential proliferation of foreign judgments brought to the United States for recognition or enforcement. And in Part III, we consider the pervasiveness of foreign law issues that are likely to confront U.S. judges and lawyers, and the accompanying challenges of making determinations of foreign law in the wake of the Seventh Circuit Court of Appeals’ recent decision in Bodum USA, Inc. v. La Cafetière, Inc.

Number of Pages in PDF File: 21

Keywords: Transnational Litigation, International Litigation, Litigation, Personal Jurisdiction, Forum Shopping, Foreign Judgments, Foreign Law, Conflict of Laws, Comparative Law, Rule 44.1

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Date posted: June 29, 2011 ; Last revised: June 2, 2012

Suggested Citation

Whytock, Christopher A. and Quintanilla, Marcus S., The New Multipolarity in Transnational Litigation: Foreign Courts, Foreign Judgments, and Foreign Law (May 30, 2011). Southwestern Journal of International Law, Vol.18, 2011; UC Irvine School of Law Research Paper No. 2011-29. Available at SSRN: http://ssrn.com/abstract=1874370 or http://dx.doi.org/10.2139/ssrn.1874370

Contact Information

Christopher A. Whytock (Contact Author)
University of California, Irvine, School of Law ( email )
401 East Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States
(949) 824-0496 (Phone)
HOME PAGE: http://www.law.uci.edu
Marcus S. Quintanilla
affiliation not provided to SSRN ( email )
Feedback to SSRN


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