Introduction. II. Jurisdiction, Venue, and Forum Shopping. III. Judgment Recognition. IV. Choice Of Law. A. Liability-Creating Conduct. B. Insurability. C. Burden of Proof. D. Judicial Review. V. Conclusion.
THERE is something bizarrely solipsistic about the way we Americans fixate on every minuscule detail of our national consumer activities during this season of gawk and spend. Starting the day after Thanksgiving - or, increasingly, the day after Halloween - we are regaled by the media with endless stories about who spent what in which retail emporium; who is intending to spend less, more or the same than they did last time around; and which hot items we are required to purchase lest our children, spouses, colleagues or household pets suffer the ignominy of being the only ones on the block who didn't receive their hearts' desires. As a Jewish person, I can observe this craziness with a significant degree of detachment, although I have been known to accompany on their holiday shopping expe...
Federal courts that issue anti-suit injunctions to state courts for cases that perhaps should be arbitrated often use arbitration law to justify decisions that should be made according to jurisdictional doctrine and the facts of the case. Such cases arise when one of the parties insists arbitration agreements do not apply. Federal courts may favor the arbitration process but they cannot impose their preference on state courts. State courts are already subject to arbitration law and federal decisions should be based on the facts of the case or jurisdiction. To do otherwise damages relations between state and federal courts.
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