The Montreal Convention, (formally, the “Convention for the Unification of Certain Rules for International Carriage by Air”) was adopted in 1999 by the International Civil Aviation Organization (ICAO) and came into effect in in 2003, when the United States became the 30th State Party to ratify the Convention. The Montreal Convention modernized and replaced the...

In England, parties to a dispute are encouraged to settle cases through the use of Part 36 of the Civil Procedure Rules (“CPR”). The rationale of the Part 36 regime is to encourage settlement. If a party rejects an offer made under Part 36, and subsequently fails to beat the offer later on in the...

In today’s economy, it is no surprise to find that the product at the heart of a product liability suit was manufactured by a company outside of the United States. But properly serving that foreign manufacturer appears to cause some confusion. If strategy dictates the need for a claim against a foreign entity, especially in...

Courts may be willing to exercise jurisdiction over a foreign entity in a civil action based solely on a website that solicits sales throughout the United States without specifically targeting one state or its residents. Recently, a trial court denied a motion to dismiss by foreign entity defendant despite the fact that the foreign entity...

The Chinese Insurance Law provides that subrogation rights are not available to the insurer of an insurance policy concerning life or bodily injury, if the insurer has paid the insured or the beneficiary for death, bodily injury or illness suffered by the insured due to a third party’s action. The rationale behind such rule is...