US Supreme Court Rules on How Much Deference US Courts Should Give to Foreign Law

UPDATE: In November 2017, I posted an interesting case regarding deference to foreign law in a US Court regarding price fixing and quantity for products imported into the USA. The US Supreme Court ruled last week that “A federal court determining foreign law under Federal Rule of Civil Procedure … should accord respectful consideration to a foreign government’s submission, but the court is not bound to accord conclusive effect to the foreign government’s statements.” Furthermore, the Court stated that “No single formula or rule will fit all cases, but relevant considerations include the statement’s clarity, thoroughness, and support; its context and purpose; the transparency of the foreign legal system; the role and authority of the entity or official offering the statement; and the statement’s consistency with the foreign government’s past positions.” Hence, foreign government submissions on foreign law application to cases in the USA should be considered when appropriate, but no US Court is bound by foreign law. If you do business in the USA, foreign law may be considered, but within the boundaries of US law. #substantiationequalstrust, #transparencyformstrust

https://www.supremecourt.gov/opinions/17pdf/16-1220_3e04.pdf