LAW 308P - Global Sovereign Disputes Practicum.

This course takes students through hypotheticals based upon real global disputes so that they can master the theoretical, practical, and strategic problems present when a U.S. company becomes embroiled in a dispute with a foreign sovereign entity. Through various modules, this course will cover all of the procedural aspects of suing a foreign sovereign or sovereign entity in a U.S. court (like presenting proof of foreign law, the extraterritorial application of U.S. law, the Foreign Sovereign Immunity Act, and the Act of State Doctrine). It will also address the practical considerations of litigating in foreign courts, and the tools available for litigators to coordinate parallel U.S. and foreign litigation (like transnational discovery and antisuit injunctions). The course will cover commercial and treaty-based arbitration against foreign state-owned entities and states themselves, which may be pursued alternatively or in addition to U.S. and foreign litigation. And, when the disputes are resolved, the course will cover the issues of asset attachment and recognition of judgment and arbitral awards against foreign sovereigns. Throughout these modules, the focus will be on the strategic options presented at various junctures, as well as a focus on advocacy skills required across the domestic, foreign, and arbitral fora. Four hours. Kotoby and Sobota.