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Resolving International Commercial Disputes, Methods of Resolution,…

- - - - These rules are often published in multiple languages.
      - The rules of arbitral tribunals that address issues such as;
        
        the qualification and appointment of arbitrators
        
        the conduct of proceedings
        
        procedures for finding the facts and applying the law
        
        the making of awards
    - - Most commercial nations today have laws permitting arbitration and specify-ing the effect of an arbitral award.
    - - ICC
        WIPO
        ICSID
    - - Many contracts contain clauses requiring that disputes be submitted for arbitration because doing so removes much of the uncertainty in the event of a breach of contract or other dispute.
    - - The courts of most nations recognize and enforce arbitral awards.
  - - - Territorial Jurisdiction
        Refers to a nation’s jurisdiction over all persons (citizens and noncitizens), places, and property within the territory, airspace, or territorial waters of a country and to crimes committed on vessels flying that nation’s flag.
      - Criminal Jurisdiction
        It is the power of a court to hear a criminal case and to act over a defendant.
      - Extraterritorial Jurisdiction
        The principle that a nation can project its laws—its jurisdiction—beyond its territorial border.
      - National jurisdiction
        Individuals and corporate citizens owe duties to comply with the laws of their countries of national-ity no matter where they are in the world. It is considered one of the obligations of citizenship.
      - In rem jurisdiction
        Refers to a court’s power over property within its geographical boundaries.
      - Subject matter jurisdiction
        Refers to the court’s authority to hear a certain type of legal matter, such as tort cases or breach of contract.
      - Diversity jurisdiction
        Refers to the court's authority in cases arising between citizens of the United States and citizens of foreign countries (where the amount in controversy exceeds $75,000).
      - In Personam Jurisdiction
        Refers to the court’s power over a certain individual or corporation.
      - Jurisdiction in the European Union
        Jurisdiction is determined by the domicile of the defendant, specifically, his or her habitual or ordinary residence.
      - Jurisdiction in China
        Chinese courts may not exercise jurisdiction over non-resident defendants who are merely present in China.
      - Jurisdiction in the Internet Age
        
        Obtaining Jurisdiction by Service of Process
        Personal jurisdiction is obtained through lawful service of process.
        
        Letter rogatory
        Is a formal request for service made through a letter rogatory (a “letter of request” sent through diplomatic channels) that results in personal service on the defendant by the courts of the country in which he or she is found.
    - - Forum Non Conveniens
        The discretionary power of a court to refuse to hear a case, even though jurisdiction and venue are otherwise proper, because a court in another jurisdiction or location would be more convenient and justice would be better served.
      - Forum Shopping
        A practice used by litigants to hear criminal cases in a particular court that provide favourable judgment.
      - Forum Selection Clauses
        A forum selection clause is a provision in a contract that fixes in advance the jurisdiction in which any disputes will be arbitrated or litigated.
    - - Diversity of citizenship
        A basis of taking lawsuit to federal court,
        where the opposition parties are
        residents of different countries.
      - The Restatement (Second) of the Conflict of Laws
        Courts apply the law of the state, country, or jurisdiction that has the closest relationship to the action before them.
        The Restatement (Second) addresses different types of actions, including actions for breach of contract and for tort.
        
        Contracts
        In the absence of an agreement by the parties, contracts should be governed by the law of the jurisdiction that has the most significant relationship to the transaction and the parties.
        
        Torts
        The law in the United States and in most countries has been that tort actions should be governed by the law of the place where the injury or damage occurred (known as lex loci delicti).
        
        Torts Actions
        
        Personal injuries
        
        Product liability
        
        Wrongful death
        
        Fraud
        
        Business torts
      - Choice of Law Clauses
        Choice of law clauses are contract provisions that stipulate the country or jurisdiction whose law will apply in interpreting the contract or enforcing its terms.
        The choice of law selection will be upheld as long as there is a reasonable relationship between the transaction and the jurisdiction chosen.
      - Enforcement of Foreign Judgments
        This provision requires U.S. states to recognize the public acts, records, and judicial proceedings of their sister states.
        
        Full Faith and Credit Clause
        In the United States, judgments taken against a party by a court of competent jurisdiction in one state will be enforced by all other states under the Full Faith and Credit Clause of the U.S. Constitution.
        
        The Code of Civil Procedure
        Adopted in 1908 when India was a British colony, governs recognition of some foreign judgments in India.
    - - Sovereign Immunity
        It is the supreme and absolute power that governs an independent state or nation.
      - Commercial Activity Exception
        When foreign governments or their agencies enter the commercial field, engaging in business for profit, as would a private company, or engaging in essentially private functions, they can be sued in the courts of a foreign country.
      - Abstention Doctrines
        There are three abstention doctrines worthy of mention which may impact litigation with a foreign sovereign or relating to an action taken by a foreign sovereign. In each of these circumstances, a U.S. court may refuse to exercise jurisdiction.
        
        Comity
        Comity refers to the willingness of one court or department of government to respect the rules or decisions of another or to grant it some privilege or favour.
        
        Act of State Doctrine
        The act of state doctrine is a principle of domestic law (not international law) that prohibits the courts of one country from inquiring into the validity of the legislative or executive acts of another country.
        
        Political Question Doctrine
        The modern version of this doctrine requires courts to consider six different factors before dismissing a lawsuit on political question grounds.