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International Litigation and Arbitration
This course is intended to acquaint students with the impact of globalization upon the process of litigation. It focuses upon the adjudicatory resolution of disputes created by international contracts and global business transactions through the standard legal trial process and arbitration. Various basic topics are treated, including (1) the certification and training of international lawyers; (2) the liability exposure of multinational enterprises; (3) the State as an actor in global commerce; (4) problems of comparative jurisdiction, service of process and evidence-gathering, proof of foreign law, and the enforcement of foreign judgments; (5) the extraterritorial application of national law; and (6) attempts to establish a transborder law and legal process. The course also provides a thorough introduction to international arbitration and investor-state arbitration.