Legal practitioners of today are dealing with cross-border disputes in civil and commercial matters in an increasingly complex transnational legal environment. This edition of Bruno Ristau's multi-volume work International Judicial Assistance brings these complexities to the fore. The revised and updated material offers background, explanations, and practical advice on how to deal with the most important challenges and recent developments in the field of transnational litigation, including issues related to the choice of forum, choice of law, service of process, proof of foreign law, discovery of evidence, and enforcement of judgments. Written by Stewart and Bowker, experts in public and private international law, this book offers insightful and comprehensive information on cross-border litigation by addressing issues in sequence as they are likely to be encountered in practice. A major focus is the mechanisms for international judicial cooperation and assistance, in particular those provided by regional and international arrangements such as the Hague Conventions on Service, Evidence and Apostilles, choice of court agreements, and the enforcement of judgments, as well as regional arrangements within the OAS and the EU. This book is a necessary addition for litigators in the U.S. and other common law jurisdictions who are involved in cross border disputes.
David P. Stewart is a Professor at Georgetown University Law Center in Washington, D.C. His teaching includes the areas of public and private international law and foreign relations law. Over the course of his 32 year career he has served as Assistant Legal Adviser of the Office of the Legal Adviser at the U.S. Department of State in a number of substantive areas, including private international law, diplomatic law and litigation, international claims and investment dispute, law enforcement and intelligence), and human rights and refugees. Among his publications are the Digest of U.S. Practice In International Law (co-editor of seven volumes), International Human Rights In A Nutshell (co-author), International And Transnational Criminal Law (co-author, 5th ed. 2018), International Criminal Law In A Nutshell (2d ed. 2019), and The Foreign Sovereign Immunities Act: A Guide For Judges (Fed. Jud. Cntr. 2d ed. 2019). David W. Bowker is Chair of the International Litigation practice at WilmerHale. His previous roles included acting as the Attorney-Adviser for the Law of Armed Conflict in the Office of the Legal Adviser at the U.S. Department of State. He has extensive experience handling cases which involve parallel proceedings in multiple national jurisdictions, territorial disputes, human rights, armed conflict, hostage-taking, art and antiquities claims, cultural patrimony, national security, diplomacy, sanctions, and public policy. He is also Adjunct Professor of international law at the University of California at Berkeley School of Law and serves as Vice President of the American Society of International Law, and a member of the American Law Institute, the American Bar Association, and the International Bar Association.
Acknowledgments vii Foreward ix Chapter One: Introduction and Overview Chapter Two: Choice of Forum Chapter Three: Service of Process Chapter Four: Choice of Law Chapter Five: Proof of Foreign and International Law Chapter Six: Obtaining Evidence Across National Boundaries Chapter Seven: Legalisation and Apostilles Chapter Eight: Recognition and Enforcement of Foreign