The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute
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Description
In recent times, George Bermann is best known and has received high praise for his role as the Chief Reporter for the American Law Institute’s new Restatement of the Law on U.S. Law of International Commercial and Investor-State Arbitration. I too share great admiration and respect for George’s leadership on the ALI project and the extraordinary volume(s) that he and his co-reporters have produced. For that reason, I expect that many of the contributors to this Festschrift in honor of George will focus on various topics taken up in the Arbitration Restatement as well as George’s prolific scholarship in the international arbitration field more generally, including issues addressed in his Hague Academy General Course on Arbitration and Private International Law. Indeed, I myself was initially tempted to select an issue of international arbitration to write about for this tribute. However, George’s expertise and productivity is much broader than international arbitration, and thus I decided to choose a topic in transnational litigation more generally where George has also left a distinctive mark. As just one example of why George Bermann’s name is so well-known to law students around the world interested in international litigation, George was the original and sole author of the popular West Nutshell on Transnational Litigation (2003), now in its second edition with William (Bill) Dodge and Donald (Trey) Childress as co-authors. In addition to being the Chief Reporter on the Arbitration Restatement, George has played an important role at the American Law Institute, serving as an Adviser on several of its other transnational projects, including the recently published Restatement of the Law (Fourth) on the Foreign Relations Law of the United States (2018), the ongoing Restatement (Third) of Conflict of Laws, and the ALI Analysis and Proposed Federal Statute on the Recognition and Enforcement of Foreign Judgments (2006). The latter was the project on which Andy Lowenfeld and I served as co-Reporters, and thus my contribution to this Festschrift stems from that work and focuses on the upcoming need for implementation of the recently negotiated (July 2019) Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. Given his participation as an Adviser on the ALI Foreign Judgments project, I am confident that George will share my view about the need for federal implementation of this new Convention.
Source Publication
Reflections on International Arbitration: Essays in Honour of Professor George Bermann
Source Editors/Authors
Julie Bédard, Patrick W. Pearsall
Publication Date
2022
Recommended Citation
Silberman, Linda J., "The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute" (2022). Faculty Chapters. 1413.
https://gretchen.law.nyu.edu/fac-chapt/1413
