Recognition of Judgments “It is just as important that there be a place to end as there should be a place to begin litigation.”*. That is the principle underlying the concept of finality for judgments. And yet numerous considerations may militate against the finality of certain judgments. Most jurisdictions have . . . Read more

Choice of Law in Complex Litigation A.   Introduction In many of the cases reproduced in earlier chapters, the choice-of-law problem involved a choice between two jurisdictions’ laws and the dispute involved a single defendant and a single plaintiff. This chapter considers a much more difficult question that currently plagues many U.S. . . . Read more

       1.   The Federal Arbitration Act and Arbitrability Arbitration clauses provide a third mechanism for influencing governing laws and dispute resolution procedures. In most cases, parties may contract to have their disputes resolved by arbitrators rather than by courts, and chosen arbitration can take multiple forms. Parties can opt for binding or . . . Read more

Choosing Legal Regimes When states adopt differing legal rules, opportunities are created for private parties to choose their preferred set of rules to govern their activities. With increasing frequency, interstate and internationally mobile parties strategically locate their assets and activities and/or place clauses into their contracts designed to help them . . . Read more

Extraterritoriality of Federal Law This chapter focuses on the extraterritorial scope of federal statutes and the U.S. Constitution. The cases below have similarities with the state law choice-of-law cases we analyzed in Chapters 2 and 3, some of which involved conflicts between state law and foreign law. We devote a . . . Read more