International Practitioner's Deskbook Series

Theodore Edelman is a partner of Sullivan & Cromwell LLP and a member of the firm's Litigation Group. He divides his time between the firm's offices in New York and London. He has represented both U.S. and nonU.S. corporate clients in a wide variety of litigation and regulatory matters, including matters relating to antitrust, commercial contracts, commercial banking, corporations and securities, insurance and annuities, intellectual property, mergers and acquisitions, white-collar criminal investigations, and prosecutions and investigations by the U.S. Securities and Exchange Commission, New York Stock Exchange, the Financial Industry Regulatory Authority, U.S. Federal Trade Commission, U.S. Department of Justice, Federal Reserve Bank of New York, Commission of the European Communities, the offices of the attorney general of various states of the United States, and the banking, corporate, securities, and competition regulators in various other jurisdictions. Barton Legum is a founding partner of Honlet Legum Arbitration in Paris.  He has over 30 years’ experience in litigating complex cases, with a focus on international arbitration and litigation in general and arbitration under investment treaties in particular.  He has repeatedly served as lead counsel and arbitrator in ICSID cases, acting as counsel both for States and for investors.  From 2000 to 2004, Bart served as Chief of the NAFTA Arbitration Division in the Office of the Legal Adviser, United States Department of State.  In that capacity, he acted as lead counsel for the United States Government defending over $2 billion in claims submitted to arbitration under the investment chapter of the North American Free Trade Agreement (NAFTA).  The United States won every case heard under his tenure.  Bart is a past Chair of the ABA Section of International Law.  He previously held a variety of offices in the Section, including Chair of the Disputes Division and Co-Chair of the Section’s International Litigation Committee.  He is an editor of International Litigation Strategies and Practice (2d ed. 2014), a book published by the American Bar Association, and frequently writes and speaks at conferences on international arbitration and litigation.

CONTENTS



About the Editors                            vii



 



About the Contributors                    ix



 



Introduction                              xxiii



 



PART I: The Essentials



CHAPTER 1



Finding the Right Lawyer for the
Job Overseas 3



Raquel A. Rodriguez



 



CHAPTER 2



Communicating Effectively with
Foreign Clients and Lawyers 21



Barton Legum



 



CHAPTER 3



Litigation in the Civil Law and
the Common Law: The Basics  27



George A. Bermann



 



CHAPTER 4



Transnational Litigation and
Professional Ethics 39



 



CHAPTER 5



Introducing Foreign Clients to
U.S. Civil Litigation      53



Donald Francis Donovan, Guilherme
Recena Costa, Laura Sinisterra, and Justin R. Rassi



 



PART II: Strategy and Practice in
International Litigation



 



CHAPTER 6



Finishing before You Start:
International Mediation     71



Michael McIlwrath and Elpidio
Villarreal



 



CHAPTER 7



Where to Sue: Finding the Most
Effective Forum in the World  81



Louise Ellen Teitz



 



CHAPTER 8



Provisional Measures in
Cross-Border Cases       115



Jonathan I. Blackman



 



CHAPTER 9



Foreign Antisuit Injunctions                129



José I. Astigarraga and Sujey
Herrera



 



CHAPTER 10



Twelve Rules for Obtaining
Evidence from Abroad     149



Glenn P. Hendrix



 



CHAPTER 11



A Practitioner’s Guide to
Enforcement of Foreign Country Money Judgments in the United States  193



Edward H. Davis Jr. and
Christopher A. Noel



 



PART III: Special Forums and
Tribunals



 



CHAPTER 12



When to Arbitrate Rather Than
Litigate          227



Carolyn B. Lamm and Eckhard R.
Hellbeck






CHAPTER 13



International Commercial
Arbitration: A Primer for U.S. Litigators                 251



David W. Rivkin, Christopher K.
Tahbaz, and Dietmar W. Prager



 



CHAPTER 14



Investment Treaty Arbitration: An
Option Not to Be Overlooked             
275



Barton Legum



 



CHAPTER 15



Suing for Torture                      285



Beth Stephens



 



CHAPTER 16



International Extradition                  307



Nina Marino and Jennifer Lieser



 



CHAPTER 17



Attorney-Client Privilege in the
International Sphere     339



Ethan Berghoff and Matthew Thomas



 



CHAPTER 18



The Foreign Corrupt Practices Act:
An Overview      365



Theodore Edelman and Alana M.
Longmoore



 



CHAPTER 19



Practice before the International
Court of Justice     423



Dr. Pieter H. F. Bekker



 



CHAPTER 20



Litigation in the European Court
of Human Rights 445



Helen Mountfield, KC



 



CHAPTER 21



Twenty Years of the International
Criminal Court 465



David Stoelting



 



Index 489