Judicial Extraterritoriality

Document Type

Book Chapter

Publication Date

8-15-2023

Abstract

Over the past few decades, US and Chinese courts have taken opposing paths in their assertion of adjudicative jurisdiction. The US has long been considered a magnet for transnational litigation while private actors have traditionally avoided litigating in China. Recent trends have moved away from this state of affairs. The contraction of jurisdiction and liberal provision of judicial assistance in the US are now contributing to an ecosystem in which it is increasingly attractive for litigants to bring cases abroad while seeking discovery assistance and foreign judgment enforcement in US courts. Contrasting changes in China are now drawing cases to Chinese courts, which may in turn require discovery and judgment enforcement outside of China. This chapter explores how these shifts are reshaping the international legal order.

Keywords

judicial extraterritoriality, China, transnational litigation, private international law, personal jurisdiction, judicial assistance

Publication Title

Research Handbook on Extraterritoriality in International Law

DOI

https://doi.org/10.4337/9781800885592.00023

Full text not available in Penn Law Legal Scholarship Repository.

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