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Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country's courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country's law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgement recognized and enforced in a country with assets? This extensively updated second edition Advanced Introduction addresses these questions, providing a concise overview of the field.

adoption 44
Hague Convention on Intercountry Adoption 44, 138
agency 35, 62
“agency without mandate” see negotiorum gestio
Hague Convention on the Law Applicable to Agency 56, 138
alimony 97
see also divorce
Anton Piller orders 53
appearance 48, 118, 129
see also jurisdiction
arbitration
choice of law clause in agreement for 146
clauses excluding recourse to court 223
enforcement of agreement for 142
enforcement of mandatory norms of forum 20
limiting class actions 34
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 112, 1412
weaker party protection in U.S. law 313
better law 8, 76
choice of, to resolve conflict 81
blocking statutes 478
Brussels regulations
Jurisdiction and Applicable Law in Divorce (“Rome II”) 58
Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, (“Brussels Ia”) 12, 26, 102, 114, 116, 13844
Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and the Matters of Parental Responsibility, (“Brussels IIa”) 41
see also European Union; judgments; jurisdiction
burden of proof 107, 131
law governing 107, 131
characterization
diminished importance under Restatement (Second) 82
escape from basic rule 723
penal 128
procedural 79
application of forum's rule 7980
subject matter 80
substantive 7980
time limitations 889
choice of court agreement
see forum selection clauses
choice of forum clauses
see forum selection clauses
choice of law
damages 8990
p. 154history 68
most-significant-relationship 15, 767
sources of conflicts rules 2, 567
substantive justice 11
see also contracts; torts
choice of law clauses 18, 21, 634
floating clauses 64
party autonomy 623
validity under Rome II Regulation 65, 67
class actions 334
non-parties 135
classification
see characterization
comity 7, 53
in judgment recognition context 120
in pretrial discovery context 52
community property 925
Conflicts Revolution (U.S.) 11
connecting factors or contacts 1415
classical choice of law rules 78
domicile 71, 823
habitual residence 68, 823
most significant relationship 767, 79, 88
place of injury 76
place of performance in contract 82
seat theory (corporations) 103
consent
to contract 65
to divorce 39
to jurisdiction of court see forum selection clauses
constitutional law
extraterritorial exercise of jurisdiction 9, 28
consumer contracts
choice of law 62, 81
in Europe 20, 33, 64, 83
in United States 19, 22, 312
jurisdiction 289, 66, 68
contracts
autonomy of the parties 6064
characteristic performance in European law 66
choice of law 21, 56, 6064, 81
European Union Regulation on applicable law 636, 81
floating clauses 634
in European law 33, 35, 625
jurisdiction 1415, 1720, 66
corporations
connecting factors for choice of law 823
corporate personality 57
domicile 86
jurisdiction over 267, 103
law governing internal affairs 103
piercing corporate veil 345, 51
seat theory 103
covenant marriage 37
culpa in contrahendo 67
Currie, Brainerd, theories on choice of law 7, 11, 745
custody of children
European Union 4042, 110
habitual residence, under Hague Convention 826
Hague Convention on Civil Aspects of International Child Abduction 42, 51
jurisdiction 412
rights of access 41, 48, 111
decedents’ estates 11, 90
see also succession
defamation see libel tourism
dépeçage 64, 812, 145
derogation 17, 19
see also forum selection clauses; jurisdiction of courts
discovery 47, 52, 53
see also procedure
divisible divorce 40
divorce
“divisible divorce” 43
ex parte divorce 36, 40, 48, 83
jurisdiction
in Europe, (Brussels IIa Regulation) see Brussels regulations
in United States 39
law applicable 86
p. 155religious divorces 39
doing business 27, 143
see also corporations
domicile
divorce 40, 823
juridical persons 86
of choice 83
of origin 83
equity
jurisdiction in common law courts 132
property rights underlying common law trust 101
European Community/European Union
choice of law for non-contractual obligations (Rome II Regulation) 6771, 81
choice of law in contract (Rome I Regulation) 58, 63, 657, 81, 85, 87, 105, 138, 140
jurisdiction and judgments
adoption 445
civil and commercial matters (Brussels Ia Regulation) see Brussels regulations
divorce 40
Regulations
Brussels Ia Regulation see Brussels regulations
Brussels IIa Regulation see Brussels regulations
Succession 87, 978, 133
see also Hague Conventions, Hague Protocols
evidence
privilege 52, 54
see also burden of proof
exemplary damages see punitive damages
exequatur 11719, 127, 133, 137
false conflict 74, 78, 79, 87, 88, 105
effect on choice of law 87
foreign law
absence of proof 1078
determining content of 1078
notice and proof 107
forum non conveniens 478
forum selection clauses 1723
breach 2021
floating clauses 64
Hague Convention 19
one-sided clauses 223
party autonomy 6064, 66
prorogation and derogation 17
scope 60
full faith and credit
clause and implementing statute 121
finality of judgment 11112
foreign judgments, limits on 12021
inconsistent judgments 1268
penal judgments 128
governing law clauses see choice of law clauses
governmental interest analysis 735
habitual residence
Brussels Ia Regulation see Brussels regulations
civil law 14, 25, 26, 457, 54, 6671, 81, 83, 878, 90, 934, 97103, 134, 135
contrasted with domicile 823
Hague Conventions
Choice of Court Agreements 19, 139
Civil Aspects of Child Abduction 42, 51, 85
Conflicts of Laws Relating to the Form of Testamentary Dispositions 99
International Administration of the Estates of Deceased Persons 56
International Recovery of Child Support 43
Law Applicable to Agency 56, 138
Law Applicable to Trusts and on their Recognition 56
p. 156Protection of Children and Cooperation in Respect of Intercountry Adoption 44
Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters 114, 139
Service Abroad of Documents 50
Taking of Evidence Abroad 53
Hague Protocols
Law Applicable to Maintenance Obligations 96
Principles on Choice of Law in International Commercial Contracts 61
inheritance 14, 38, 60, 83, 84, 87, 90, 938, 102
see also succession
injunctions 46
against foreign suits 46
Inter-American Conventions
Extraterritorial Validity of Foreign Judgments and Arbitral Awards 143
Jurisdiction in the International Sphere for the Extraterritorial Validity of Foreign Judgments (“La Paz Convention of 1984”) 143
interest analysis 10, 735
method for choosing law 735
International Sale of Goods Convention (CISG) (“Vienna Convention”) 5, 56, 62, 138
judgments
defenses to recognition and enforcement 102, 111, 112, 12133
enforcement, methods of, generally 1212, 1389
finality of judgment 11112
First Amendment considerations in U.S. 131
foreign country compared with sister state in United States 120
inconsistent judgments 116, 1268
public policy, as affecting enforcement of judgment 12833
reciprocity 11920, 12930, 138, 141, 143
see also Brussels regulations
jurisdiction of courts
Anton Piller orders 53
appearance 48, 118, 129
Brussels Ia Regulation see Brussels regulations
Brussels IIa Regulation see Brussels regulations
custody 36, 38, 4042, 44, 47, 48
European practice
Brussels Ia Regulation see Brussels regulations
Brussels IIa Regulation see Brussels regulations
exorbitant bases 256, 1224, 140
first filed rule 45
forum non conveniens 467
general jurisdiction (not claim-related) 258, 30
in rem jurisdiction 24, 40, 43, 489, 102, 124
limitations on exercise of jurisdiction 28
lis pendens 458
minimum contacts 289, 31
notice 4951, 1256
personal service of process in forum 50
piercing the corporate veil 345
race to judgment 45, 112, 126
specific jurisdiction (claim-related) 2730, 669
causal or related contacts 3031
stream-commerce 2930
p. 157transient jurisdiction 256, 124, 144
La Paz Convention of 1984 see Inter-American Convention on Jurisdiction in the International Sphere for the Extraterritorial Validity of Foreign Judgments
libel tourism 131
lis pendens 45
maintenance obligations
in the European Union 434, 967
in the United States 434
mandatory rules 212, 1012
in Europe conflicts law 1012, 129
marital property 38, 926
separate property 924
see also community property; marriage
marriage
common law marriage 38, 9091
covenant marriage 37
same-sex 37
see also adoption; custody of children; divorce; support
most significant relationship doctrine 767, 82, 88
genesis and development 77
see also contracts; torts
ne exeat order 42, 111
negotiorum gestio 67, 69
parallel litigation 45, 46
piercing corporate veil 345, 51
presence, as basis of jurisdiction of courts 83, 85, 119
pretrial discovery
see discovery
procedure
see Anton Piller orders; characterization; class action; statute of limitations; lis pendens
property
succession on death 11, 70, 834, 87, 97102
see also community property; marital property
prorogation 17
see also forum selection clauses; jurisdiction of courts
public policy
judgments, defense to recognition of 12832
party autonomy, limiting 623
“public policy exception” 105
punitive damages
in class action 33
European view of 33, 69, 90
judgment, refusal to recognize 1278
reciprocity
see judgments
Restatement of Conflict of Laws 7, 11, 778, 81
Restatement (Second) of Conflict of Laws (U.S.) 3, 7, 11, 15, 767, 812, 878, 145
Restatement (Third) of Conflict of Laws (draft) 3, 1214, 789
révision au fond 120, 129, 130, 132, 136
sales
see International Sale of Goods Convention (CISG)
same-sex domestic relationships
see marriage, same-sex
statute of limitations 47, 80, 89, 122
stream of commerce jurisdiction 2931, 68, 140
succession
administration 98, 100
domicile of decedent 834
estate of decedent 90, 97, 98
habitual residence of decedent 835
intestate succession 84, 85, 97
law applicable 99100
Restatement (Third) 97
taking against the will 101
p. 158support
enforcement of support claims 107
law applicable 956
maintenance obligations in the European Union 96
reciprocal support legislation 43, 115
theories for choice of law in American law 739
torts
criteria for choice of law see also theories for choice of law
Restatement (Second) 767, 81, 82
damages, applicable law 6970, 80, 8990
defamation see libel tourism
environmental damage, applicable law in European Union 78
law applicable 69, 72
Neumeier rules 77
Uniform Acts in the United States
Commercial Code 61
Foreign-Country Money Judgments Recognition Act 136
Foreign Money-Judgments Recognition Act 136
Interstate Family Support Act (UIFSA) 43
Marriage Evasion Act 91
Vienna Convention
see International Sale of Goods Convention (CISG)