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The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may, in advance, ensure that assets or evidence is secured in advance, or that the other party is required to take steps to […]
On February 25, 2020, the U.S. Supreme Court affirmed the opinion of the U.S. Court of Appeals for the Sixth Circuit, which concluded that Italy was the habitual residence of an infant that was brought from Italy to Ohio by her mother in 2015, shortly after the child was born. This opinion resolved a circuit […]
Professor Ron Brand has just published a new article in the Journal of Dispute Resolution that arose from his presentation at the 2019 Annual Meeting of the American Society of Comparative Law. In it, he applies comparative method to international litigation from the perspective of a U.S.-trained lawyer, and particularly one who has been involved […]
The Annual Survey of American Choice-of-Law Cases for 2019, now in its 33rd year, has been posted on SSRN. A summary of the contents is reproduced below. If you are interested in the Survey, you can download it here Here is the abstract: This is the Thirty-Third Survey of American Choice-of-Law Cases. It was written […]
Professor Ronald A. Brand of the University of Pittsburgh School of Law has posted three new articles with private international law content: Online Dispute Resolution This chapter was prepared from a presentation given by the author at the 2019 Summer School in Transnational Commercial Law & Technology, jointly sponsored by the University of Verona School […]
American Society of International Law’s Dispute Resolution Interest Group will be presenting its 2018-2019 U.S. Supreme Court “International Law” Year in Review. This panel discussion will review decisions from the U.S. Supreme Court’s 2018-2019 term involving issues relating to international law and/or international relations. The discussion will include an in-depth look at the reasoning behind […]
The University Paris II Panthéon-Assas is hosting, in the context of the Investment Law Initiative, a Colloquium on Actors in International Investment Law: Beyond Claimants, Respondents and Arbitrators, which will take place on 26 and 27 September 2019, in Paris, France. The Colloquium is jointly organized by the CERSA, research centre of the French National […]
PROGRAM COORDINATOR: Prof. Marco Torsello VENUE: University of Verona, School of Law, Via C. Montanari 9, Verona (VR), Italy INSTRUCTORS: Ronald A. Brand (University of Pittsburgh, School of Law, Pittsburgh, PA, USA) Tim W. Dornis (Leuphana University, Lüneburg, Germany) Nevena Jevremovic (IACCM – International Association for Contract and Commercial Management, Bosnia-Herzegovina) Tyler Ochoa (Santa Clara […]
The 2018 draft of a Hague Judgments Convention adopts a framework based largely on what some have referred to as “jurisdictional filters.” Article 5(1) provides a list of thirteen authorized bases of indirect jurisdiction by which a foreign judgment is first tested. If one of these jurisdictional filters is satisfied, the resulting judgment is presumptively […]
Corruption continues to cast a shadow over investment law. When allegations of corruption arise in an investment dispute, the tribunal faces the difficult task of deciding whether (and how) to penalize the responsible party. It must assess the often-limited evidence and then craft an appropriate remedy. The legal and practical questions this raises remain highly […]