Exam 3: Resolving International Commercial Disputes

Choice of forum clauses fix in advance where the case will be heard by contract.

The disadvantages of arbitration include: I.Limited Discovery II.Limited Rights to Appeal

DownPillow,Inc.,a U.S.company,and Eiderhoff,a German Company,negotiate a contract with forum and choice of law clauses for the U.S.A dispute arises,the case is heard in the U.S.,and a judgment is given to DownPillow.DownPillow wants to enforce this judgment in Germany.According to the above scenario,which of the following statements is true?

Zapata,a Texas Corporation,entered into a contract with Unterweser,a German corporation,to tow Zapata's drilling rig from Louisiana to Italy.A storm arose and Zapata told Unterweser to tow the rig into Tampa,Florida.Zapata immediately filed a lawsuit in Florida against Unterweser for damages to the rig.The original contract called for "Any dispute must be heard before the London Court of Justice." The U.S.Supreme Court held that:

In an arbitration agreement,the parties may choose to restrict the arbitrator's powers or let the arbitrator decide what is equitable and good.

One popular form of dispute settlement is arbitration.This is defined as:

Consider the benefits and detriments of ADR in international disputes.(Consider the effect of the process on the parties.)

Two of the disadvantages of arbitration are the increase in time to hear a dispute and the expense of the hearing.

A global economy cannot function unless business people know that contracts are enforceable and the appropriate remedy can be achieved.

When determining whether personal jurisdiction offends "traditional notions of fair play and substantial justice," the court evaluates several factors,including:

ADR refers to:

Draft an international treaty pertaining to jurisdiction with respect to companies doing business utilizing the Internet.

The realities of international marketplace and the recognition of the importance reducing uncertainty have persuaded many courts: I.To accept choice of law and forum clauses in international contracts II.To require mandatory arbitration clauses in international contracts

Compare and contrast the evidentiary rules of the U.S.with those of other nations.Which are more favorable to the plaintiff? Less favorable?

What is the requirement for a federal court to have personal and subject matter jurisdiction?

Under the Full Faith and Credit Clause of the U.S.Constitution,a decision by a New York court will be enforced by a New Jersey court.

In the Fallhowe v.Hilton Worldwide case,the U.S.court granted the dismissal motion filed by defendant Hilton Worldwide on the basis ofform non conveniens.

Craft an argument advocating for or against the creation of an international tribunal to address international commercial disputes between individuals.

A U.S.court might refuse to enforce a Libyan court judgment where there is a lack of "due process" under the Fifth Amendment.

Many factors must be considered in choosing binding arbitration.All of the following should be considered except: