Autonomy, Peace, and 'Put' Options in the Mass Tort Class Action

Nagareda, Richard A.

doi:10.2139/ssrn.292841

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Beyond the Bremen: Expanding The Scope Of Choice Of Forum Cl...1

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2019

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“…66 While both Scherk and Mitsubishi followed the reasoning in The Bremen, we cannot examine these cases in isolation from the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards ('New York Convention') that had entered into force in the United States in 1970. 67 The Supreme Court in Scherk even referred to this (at that time) recent development explicitly, when distinguishing Wilko. 68 It is remarkable that there is no comparable treaty governing the enforcement of judgments in foreign courts.…”

Section: Beyond the Bremen: Expanding The Scope Of Choice Of Forum Cl...mentioning

confidence: 99%