Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts by Cassandra Burke Robertson

Procedural Uncoupling

Posted on May 31, 2012

Professor Brand notes that in evaluating the transnational litigation doctrines, “one must ask if these doctrines are the real problem.” He suggests that “in the Lago Agrio case, the real problem is something much different, and perhaps more fundamental, than an imbalance in rules of private international law.” It’s certainly true that there are deeper issues than litigation practice underlying the Amazonian litigation, and Professor Judith Kimerling has chronicled many of them. But the questions of litigation procedure are also troublesome in and of themselves. The time and resources spent on the procedural questions raised by the doctrine is tremendous. Although Professor Brand notes that the doctrines are not about efficiency, the time spent on litigating these questions goes beyond mere inefficiency and enters…

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Minding The Gap

Posted on May 30, 2012

Cassandra Burke Robertson is Associate Professor at Case Western Reserve University School of Law. The Lago Agrio case may be the most salient case to illustrate the doctrinal gap between the doctrines of forum non conveniens and judgment enforcement, but it is part of a growing trend of “American lawyers outsmarting themselves” by seeking dismissal from U.S. courts in favor of a foreign forum, only to subsequently challenge the resulting foreign judgment in a U.S. court. Ted Folkman has blogged about Hubei Gezhouba Sanlian Indus. Co. v. Robinson Helicopter Co., for example, in which defendant Robinson Helicopter moved for dismissal in favor of a Chinese forum, failed to appear for the trial in China, and then objected to enforcement of the Chinese judgment. The…

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