Proskauer Rose International Practice Guide Proskauer Rose LLP |
      Proskauer on International Litigation and Arbitration:
       Managing, Resolving, and Avoiding Cross-Border Business or Regulatory Disputes
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A. Overview

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  1. As we reported last year, there continues to be an increase in attempts by parties operating in the international sphere to gain access to US courts to resolve disputes.  Despite some noteworthy developments to the contrary discussed below, we forecast that this trend will continue, particularly in relation to forum-related issues (such as personal and subject matter jurisdiction and venue), choice of law, and enforcement of judicial or arbitral awards or judgments, each of which we have discussed at length in the Guide.
  2. On the other hand, the case summaries below evidence the very clear chord being sounded that US courts do not want interfere with clear expressions of policy by non-US tribunals.
  3. We believe it is imperative that companies operating internationally consider the complex issues of simultaneously managing litigation in the US and elsewhere, including issues of privilege, evidence-gathering and taking, and going to trial in the US.
  4. As recent developments in the US confirm, a keen eye must continue to be placed on drafting operative legal documents and litigating disputes in a way that will enhance such companies' ability to enforce awards and judgments and avoid efforts by adversaries to enforce inappropriate awards and judgments.

Chapter 1 - Table of Contents