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2 Once and Future U.S. Litigation

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Chapter Summary

This chapter offers a framework for understanding "transnational litigation avoidance doctrines" as a group. It discusses some of the consequences of their expansion in light of defendants' mistaken assumptions about transnational litigation in the U.S. and abroad. As U.S.-style transnational litigation thus becomes more prevalent in foreign jurisdictions, where corporate defendants may not have assets, those defendants that eschewed U.S. courts in the first instance increasingly have to confront the generous U.S. enforcement regime. The enforcement of these foreign judgments, however, may make transnational litigation avoidance doctrines less attractive in retrospect, and ultimately make them less attractive ex ante. When defendants therefore invoke these doctrines only in cases where they have confidence in the foreign forum, however, the doctrines may become even stronger as courts are more willing to defer to such jurisdictions. The chapter considers the importance of these developments and their effect on various stakeholders.

Keywords: foreign money judgment enforcement; stakeholders; transnational litigation avoidance doctrines; U.S.-style transnational litigation



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