Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments


Author: Ronald A. Brand
Private international law is normally discussed in terms of rules applied in litigation involving parties from more than one State. Those same
rules are fundamentally important, however, to those who plan crossborder commercial transactions with a desire to avoid having a dispute
arise — or at least to place a party in the best position possible if a dispute does arise. This makes rules regarding jurisdiction, applicable law,
and the recognition and enforcement of judgments vitally important to contract negotiations. It also makes the consideration of transactional
interests important when developing new rules of private international law. These lectures examine rules of jurisdiction and rules of recognition
and enforcement of judgments in the United States and the European Union, considering their similarities, their differences, and how they affect the transaction planning process.

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Ronald A. Brand is the Chancellor Mark A. Nordenberg Professor of Law and Director of the Center for International Legal Education at the University of Pittsburgh School of Law. He is a member of the International Academy of Comparative Law, a member of the Executive Committee
of the American Branch of the International Law Association, and a recipient of the ABA Section on International Law’s Leonard J. Theberge Award in Private International Law.
"In short, Professor Brand’s lectures deserve wide and thorough study, particularly in the Hague Conference, and not only there."
-A.V.M. Struycken, The Netherlands International Law Review
Excerpt of table of contents:
Chapter I. Transaction Planning and Private International Law
Chapter II. Understanding Rules of Adjudicatory Jurisdiction across Legal Systems
Chapter III. Understanding Legal System Differences in Rules on the Recognition and Enforcement of Foreign Judgments
Chapter IV. Party Autonomy and Transaction Planning
Chapter V. Consumer Protection and Private International Law
Chapter VI. Revisiting Jurisdictional Issues: Tort Jurisdiction and Transaction Planning
Chapter VII. Drafting Effective Choice of Forum Agreements
About the Author; Biographical Note; Principal Publications.