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Transnational Legal Practice and Private International Law. What is “transnational litigation”?. “all law which regulates actions or events that transcend national frontiers” Resulted from the rise of international trade and commerce
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Upon reaching the Hague Conference site, select the area of law which you are looking to find a Convention—in this example, we are looking for something related to litigation
Browse the listing of Conventions available to locate the one most relevant to your issue—in this example, it’s “Service”—and click on the hyperlinked number
You can now read the full text of the convention here (albeit with no official cite listed). To determine if your countries are party to this treaty, click on “Status Table”
Use the status table just like the ones we saw on the MTDSG—locate your country and see if there is a date listed in the “Ratification/Accession/ Succession” column. Then check the second country’s status
In the UNCITRAL Digest, simply select the CISG Article which you want to find case law on
Read the Digest entry IN ITS ENTIRITY to get the full picture of how this Article has been interpreted by member courts
If you find a footnote of interest, note the CLOUT case number for that case and retrieve it in the CLOUT database
To retrieve a case mentioned in the Digest, or to locate additional cases involving the CISG, run a search in the CLOUT database
Easiest way to retrieve a case from the Digest is to enter the CLOUT Case No. in the “Case Number” field. Otherwise, you can also try searching by Article # or country
In this slide should be a record for Case #345, but the site is apparently down right now. If you were to get to it, you would have to determine if they had an actual copy of the case itself, or if it was simply an abstract you would have to try and locate a full text version of the case in that country’s official reporter
To locate a BIT, start first with the ICSID listing to determine which countries have BITs with whom
Results show that Ireland only has 1 BIT—it is with the Czech Republic, and it has been in force since 1997
To locate a copy of a BIT, try the UNCTAD BIT Instruments Online database first—much easier than trying to locate through a domestic treaty source
If there is a copy available, it will show up below the search box with a hyperlink to the version in the listed language—sometimes you can have a copy for each official language listed
To locate cases on the NY Convention, go to KluwerArbitration and select the “NY Convention Decisions” database which is essentially the “Digest” to the NY Convention
Next, select the relevant Article you wish to locate cases on—in our case we are looking for Article II cases on “agreement in writing”. When I select Article II here, it brings up the text of the Article. To locate case law on Article II, select the tab for “case law”—you may have to change the tab to a different topic here
Now you can browse through all collected cases that discuss Article II—agreement in writing as contained in the Kluwer database. You may have to select the ones that “look” French to determine jurisdiction
Use the “Advanced Search” function for KluwerArbitration to search by topic, key number, jurisdiction, etc
Select the relevant parameters—in this example, I selected jurisdiction=France, Applied legislation=NY Convention, and then added “agreement in writing”
There appear to be 4 cases from France which address the term “agreement in writing” under the NY Convention