Letters Blogatory

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

Posts by Ronald A. Brand

The Global Context for Forum Non Conveniens and for Case-Specific Exceptions to Recognition of Foreign Judgments

Posted on May 31, 2012

Professor Whytock’s comment today correctly notes in its next-to-last paragraph that “the ship of case-specific exceptions has set sail.” This statement is in response to my comments on the 2005 Uniform Foreign-Country Money Judgments Recognition Act and the 2005 ALI Proposed Federal Statute. It is important to take account not just of the national context for this discussion, but of the global context as well. That global context includes the 2005 Hague Convention on Choice of Court Agreements. While the Convention has not yet gone into effect, Mexico has acceded to it and both the United States and the European Union have signed, thus indicating their intention to move forward with ratification and implementation. The Convention provides a parallel to the New York Arbitration…

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Tinkering with Private International Law as a Response to Alleged Human Rights Violations

Posted on May 30, 2012

Ronald A. Brand is Professor of Law at the University of Pittsburgh Law School. Professors Christopher A. Whytock and Cassandra Burke Robertson, have provided a solid discussion of the doctrines of forum non conveniens and the recognition of foreign judgments in their Columbia Law Review article. I have commented on that article in the Columbia Law Review Sidebar. Ted Folkman has now allowed us to continue this discussion in Letters Blogatory, and I welcome that opportunity. Whytock and Robertson suggest a sort of harmonization of the doctrine of forum non conveniens and the law on recognition of judgments by raising the standard defendants must meet to obtain a forum non conveniens dismissal and then allowing a modified estoppel argument when any resulting foreign judgment…

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