3 October 2016 | CIL Seminar Series
Implications of Daimler AG v. Bauman on Recognition and Enforcement of Foreign Awards and Judgments
Introduction
United States court decisions can and do have serious implications for litigators and international arbitration practitioners abroad. In Daimler AG v. Bauman (134 S.Ct. 746, 2014), the US Supreme Court made clear that as a constitutional matter general jurisdiction over a corporation is limited to the state in the US where the defendant can be regarded as “at home”, transforming doctrine that had been “taught to generations of first-year law students”. Not only did this decision change the law on jurisdiction over corporations in plenary actions, but it also appears to have affected jurisdiction in other contexts such as recognition and enforcement of court judgments and international arbitration awards.
In her talk, Professor Silberman discussed recent application (and not) of the Daimler rule in the US courts, and implications for those practicing international dispute resolution in Singapore.
About the Speaker
Professor Linda Silberman is co-director of the New York University Law School’s Center for Transnational Litigation, Arbitration, and Commercial Law. Her scholarship covers conflict of laws; domestic and comparative procedure; transnational litigation, in particular judicial jurisdiction and judgment recognition; class actions; international arbitration; and international child abduction. Silberman’s articles have been cited by US state and federal courts, including the US Supreme Court, as well as by foreign courts. She has testified in the US Congress on judgment recognition, first on libel tourism and later on the need for a federal statute on recognition and enforcement. Silberman recently served as a distinguished research scholar at Queen Mary School of International Arbitration in London and as a scholar-in-residence at WilmerHale in London. Silberman is co-author of Civil Procedure: Theory and Practice (4th ed, 2013) and Civil Litigation in Comparative Context (2007).
About the Chair
Professor Lawrence Boo is one of Singapore’s leading arbitrators, and a legal academic. A former Deputy Chairman of SIAC (the Singapore International Arbitration Centre), he has arbitrated in over 250 cases, and has mediated in over 80 others. He is renowned across Asia for his work in arbitration and ADR, having helped set up SIAC from its inception, as well as teaching international arbitration at the National University of Singapore. He holds visiting professorships in China and Australia.
CPD Points
1 Public CPD Point
Practice Area: Alternative Dispute Resolution
Training Category: General
SILE Attendance Policy
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