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Selected Limitations On The Jurisdiction Of U.S. Courts

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Chapter Summary

This chapter focuses on limitations on the authority of U.S. state and federal courts to exercise jurisdiction to prescribe in the transnational context, including questions of statutory grant of jurisdiction, the doctrine of forum non conveniens, international comity and jurisdictional rule of reason, and limitations arising out of parties' prior agreements. It provides an analysis of these issues in the context of an international case in a U.S. court, including analysis of the sort of jurisdictional issues involved in a particular problem. The chapter discusses the selected issues relating to the litigation of international cases in state court, while it focuses on jurisdiction in the federal courts. Suits by foreign sovereigns or nationals are considered in the chapter. The chapter discusses final selected limitations, forum selection and arbitration clauses. It concludes with a discussion of practical strategies and a checklist of jurisdictional issues.

Keywords: arbitration clauses; foreign sovereigns; forum selection clause; international case; international comity; Jurisdictional issues; U.S. federal court



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