The practice of maritime law, perhaps more than most fields, involves parties resident throughout... more The practice of maritime law, perhaps more than most fields, involves parties resident throughout the world. The majority of shipowners maintain offices outside the United States in diverse locales such as Greece, Turkey, Japan, Hong Kong, and Singapore. Charterers and commercial interests can be found almost anywhere a ship may call. Because most U.S. companies rely upon some type of imported products, U.S. trading partners run the gamut from Europe to South America to East Asia. Parties and witnesses are disbursed throughout the world, particularly with most non-U.S. registered vessel crewmen hailing from the Middle East, Latin America, India, the Far East, and the Philippines. Since 1990, more ship officers have come from the countries of the former Soviet Bloc. It is unusual to find owners and managers, much less crewmen, resident in Western Europe or the United States. The nature of the maritime business makes it inevitable that much litigation, usually taking place in federal court, involves issues of service of process for the summons and complaint on foreign entities, and that discovery involves efforts to depose witnesses overseas and to collect documents, materials, and information from foreign jurisdictions. This Article is not intended to be an exhaustive treatment of the subject of transnational service of process and discovery. Many articles, in fact whole books, have been written on various aspects of these issues. However, none seem to cover the entire subject. Voluminous case law addresses various aspects of this subject. This Article provides an introduction and overview for practitioners. In addition to identifying the principal sources of law governing these matters, this Article also seeks to identify particular issues that may prove particularly troubling when navigating the treacherous channels of the service and discovery processes.
Mr. Buhler holds a B.A. from the College of William & Mary in Virginia, a J.D. from the Universit... more Mr. Buhler holds a B.A. from the College of William & Mary in Virginia, a J.D. from the University of Miami School of Law, and an LL.M. (Admiralty) from Tulane University School of Law. Phillip Buhler has practiced law in the United States for over thirty years. His practice has focused on most aspects of maritime law, representing shipowners, operators, P & I Clubs and other commercial interests in a wide range of casualty and commercial matters, including cargo claims, oil spills, collisions, personal injury and death claims, government regulatory matters, international trade and intermodal transportation contracts. Mr. Buhler has extensive Federal court litigation experience and has maintained a trial and appellate court practice in the southeast US. He is licensed in the Federal and state courts of Florida, Louisiana and the District of Columbia, as well as the United States Supreme Court, the US Court of Federal Claims and the US Court of International Trade. He is Board Certif...
The nature of the maritime business makes it inevitable that much litigation, usually taking plac... more The nature of the maritime business makes it inevitable that much litigation, usually taking place in federal court, involves issues of service of process for the summons and complaint on foreign entities, and that discovery involves efforts to depose witnesses overseas and to collect documents, materials, and information from foreign jurisdictions. This Article is not intended to be an exhaustive treatment of the subject of transnational service of process and discovery. Many articles, in fact whole books, have been written on various aspects of these issues. However, none seem to cover the entire subject. Voluminous case law addresses various aspects of this subject. This Article provides an introduction and overview for practitioners. In addition to identifying the principal sources of law governing these matters, this Article also seeksto identify particular issues that may prove particularly troubling when navigating the treacherous channels of the service and discovery processes
The practice of maritime law, perhaps more than most fields, involves parties resident throughout... more The practice of maritime law, perhaps more than most fields, involves parties resident throughout the world. The majority of shipowners maintain offices outside the United States in diverse locales such as Greece, Turkey, Japan, Hong Kong, and Singapore. Charterers and commercial interests can be found almost anywhere a ship may call. Because most U.S. companies rely upon some type of imported products, U.S. trading partners run the gamut from Europe to South America to East Asia. Parties and witnesses are disbursed throughout the world, particularly with most non-U.S. registered vessel crewmen hailing from the Middle East, Latin America, India, the Far East, and the Philippines. Since 1990, more ship officers have come from the countries of the former Soviet Bloc. It is unusual to find owners and managers, much less crewmen, resident in Western Europe or the United States. The nature of the maritime business makes it inevitable that much litigation, usually taking place in federal court, involves issues of service of process for the summons and complaint on foreign entities, and that discovery involves efforts to depose witnesses overseas and to collect documents, materials, and information from foreign jurisdictions. This Article is not intended to be an exhaustive treatment of the subject of transnational service of process and discovery. Many articles, in fact whole books, have been written on various aspects of these issues. However, none seem to cover the entire subject. Voluminous case law addresses various aspects of this subject. This Article provides an introduction and overview for practitioners. In addition to identifying the principal sources of law governing these matters, this Article also seeks to identify particular issues that may prove particularly troubling when navigating the treacherous channels of the service and discovery processes.
Mr. Buhler holds a B.A. from the College of William & Mary in Virginia, a J.D. from the Universit... more Mr. Buhler holds a B.A. from the College of William & Mary in Virginia, a J.D. from the University of Miami School of Law, and an LL.M. (Admiralty) from Tulane University School of Law. Phillip Buhler has practiced law in the United States for over thirty years. His practice has focused on most aspects of maritime law, representing shipowners, operators, P & I Clubs and other commercial interests in a wide range of casualty and commercial matters, including cargo claims, oil spills, collisions, personal injury and death claims, government regulatory matters, international trade and intermodal transportation contracts. Mr. Buhler has extensive Federal court litigation experience and has maintained a trial and appellate court practice in the southeast US. He is licensed in the Federal and state courts of Florida, Louisiana and the District of Columbia, as well as the United States Supreme Court, the US Court of Federal Claims and the US Court of International Trade. He is Board Certif...
The nature of the maritime business makes it inevitable that much litigation, usually taking plac... more The nature of the maritime business makes it inevitable that much litigation, usually taking place in federal court, involves issues of service of process for the summons and complaint on foreign entities, and that discovery involves efforts to depose witnesses overseas and to collect documents, materials, and information from foreign jurisdictions. This Article is not intended to be an exhaustive treatment of the subject of transnational service of process and discovery. Many articles, in fact whole books, have been written on various aspects of these issues. However, none seem to cover the entire subject. Voluminous case law addresses various aspects of this subject. This Article provides an introduction and overview for practitioners. In addition to identifying the principal sources of law governing these matters, this Article also seeksto identify particular issues that may prove particularly troubling when navigating the treacherous channels of the service and discovery processes
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