INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION国际商事争议解决.ppt

INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION Introduction Litigation Process Alternatives to Transnational Litigation Settlement or Trial Enforcement of Foreign Judgment * LITIGATION PROCESS Approach to Litigation Process Jurisdiction Gathering of Evidence General Procedure of Trial Enforcement of Foreign Judgment Choice of Law * Litigation Process Jurisdiction Service of Process-necessary to obtain personal jurisdiction and to avoid a default judgment. Convention on the Service of Process Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Each Signatory Nation designates a Central Authority to handle personal service of process. In countries that are not signatory nations, apply dual process. Comply with local rules and domestic rules. See case Alpine in text. * INTERNATIONAL LITIGATION Jurisdiction-continued Defenses to Jurisdiction Forum Non Conviens-forum court not convenient to hear dispute for a number of reasons-See Central Bank Case. Immunity Foreign Sovereign Immunity-domestic court does not have jurisdiction over government agents, corporations, government actors unless waiver or commercial matters. Act of State-domestic court does not have jurisdiction over political acts that occur in foreign country. See Capital Bank. * INTERNATIONAL LITIGATION International Discovery Convention on the Taking of Evidence Abroad in Civil or Commercial Matters Letters of Request that requires cooperation of foreign courts. Limitations Few Countries have adopted convention Requested Information Cannot Violate National Policy or Laws * INTERNATIONAL LITIGATION Extraterritorial Enforcement General Principle-In Hilton v. Guyot, Supreme Court ruled that foreign judgment is enforceable if defendant had an opportunity to a fair trial and foreign court adhered to “general principle”. Proper Service, regular procedures and acting under a system of jurisprudence likely to secure an impartial administration of justice. Comity and Rule of Reciprocity *