Guide · Dispute Resolution
Cross-Border Disputes: A Comprehensive Guide to Service, Evidence, and Enforcing Foreign Judgments and Awards
28 U.S.C. § 1608
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-10-21
- Topic
- Dispute Resolution
This guide covers cross-border civil disputes from the drafting of a dispute resolution clause through collection on a foreign award. It explains service abroad under the treaty framework and the two Supreme Court decisions that determine when the treaty applies and whether mail service is available. It covers evidence abroad, blocking statutes, and the comity analysis that governs when the evidence convention must be used. It treats the American discovery statute available to foreign litigants, including the decision that removed private arbitration from its scope. It sets out the recognition framework for foreign judgments and the exclusive grounds for refusal. It explains why arbitral awards enforce more reliably and what that means for contract drafting. It closes with sovereign immunity, provisional relief, and asset tracing.
The full text of this document is available to Executive subscribers and above. See plans.