International Law,
Insurance,
Civil Litigation
Jun. 29, 2020
Appellate rulings depart from treaty interpretation norms
International treaties and conventions are often strictly construed by U.S. courts without regard to common law principles. Two appellate court decisions from earlier this year involving international litigation in U.S. courts, however, illustrate a departure from this practice.
Peter S. Selvin
Partner
Ervin, Cohen & Jessup LLP
Phone: (310) 281-6384
Email: steve@newsroompr.com
Chair of Insurance Coverage and Recovery Department
International treaties and conventions such as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, November 15, 1965, 20 U.S.T. 361, T.I.A.S. No. 6638 ("the Hague Service Convention"), and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 21 U.S.T. 2517, T.I.A.S. No. 6998 ("the New York Convention") are considered to be federal law and hence prevail over inconsistent st...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In