GEB 3373 Lecture Notes - Lecture 15: Overseas Private Investment Corporation, Fixed Asset, Actual Malice
23 Sep 2016
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Four essential questions in international dispute resolution. > many ib contracts specify answers to these questions. > if not, disputes may be resolved via . Forum shopping: each party seeks to have case heard in country where laws are most favorable. > easier to sue for libel/defamation in uk than us. > us: truth is always a defense; plaintiff must prove actual malice . > countries must agree to honor each other"s court decisions. > foreign court judgments must not violate domestic law or treaty obligations. Principle of comity: one jurisdiction will apply laws of another jurisdiction so long it doesn"t violate own laws. > motorola won patent case against microsoft in germany banning it from selling. Xboxes, windows 7, ie, and media player software in germany. > us court ordered german ban not be enforced pending outcome of realted us case.
