Download or read book Civil Jurisdiction and Judgments written by Adrian Briggs and published by CRC Press. This book was released on 2015-06-12 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a fully updated sixth edition, this book is an established treatise in the field of civil jurisdiction and judgments. It states, analyses, illuminates and evaluates the law of civil jurisdiction and the enforcement of foreign judgments in English law, with this new edition taking into account the implications of the new Brussels I Regulation recast, Regulation (EU) 1215/2012, as well as the great number of developments in the case law which have taken place since 2009. This book looks in detail at the jurisdictional rules put in place by the (recast) Brussels I Regulation the common law rules of jurisdiction the principles according to which that jurisdiction will or will not be exercised the extent to which proceedings before a foreign court may be assisted or impeded obtaining interim and interlocutory relief recognition and enforcement of foreign judgments This text is an authoritative and comprehensive reference for all legal professionals working in commercial law across jurisdictions.
Download or read book Brussels I Regulation written by Ulrich Magnus and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: This commentary is the first full scale article-by-article commentary in English ever to address the Brussels I Regulation. It is truly European in nature and style. It provides thorough and succinct indepth analysis of every single article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law. The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Its imminence could be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation is a well-known and renowned instrument. A true first: - The first truly European commentary on the Brussels I Regulation, the fundamental Act for jurisdiction, recognition and enforcement throughout Europe - The first commentary on the Brussels I Regulation written by a team from all over Europe - The first article-by-article commentary on the Brussels I Regulation in English
Download or read book The European Private International Law of Employment written by Uglješa Grušić and published by Cambridge University Press. This book was released on 2015-05-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Private International Law of Employment provides a descriptive and normative account of the European rules of jurisdiction and choice of law which frame international employment litigation in the courts of EU Member States. The author outlines the relevant rules of the Brussels I Regulation Recast, the Rome Regulations, the Posted Workers Directive and the draft of the Posting of Workers Enforcement Directive, and assesses those rules in light of the objective of protection of employees. By using the UK as a case study, he also highlights the impact of the 'Europeanisation' of private international law on traditional perceptions and rules in this field of law in individual Member States. For example, the author demonstrates that the private international law of the EU is fundamentally reshaping English conflict of laws by almost completely merging the traditionally perceived contractual, statutory and tortious claims into one claim for choice-of-law purposes.
Download or read book Modern Maritime Law Volume 1 written by Aleka Mandaraka-Sheppard and published by CRC Press. This book was released on 2013-12-17 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities. The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities. The book continues to provide succinct analysis of the key principles and precedents of maritime law, a detailed account of important decisions, and incorporates developments in regulation, Codes of good practice and international Conventions. The first volume tackles a wealth of complex jurisdictional aspects, ranging from the enforcement of maritime claims to a detailed analysis of the conditions of arrest of ships, including reconsideration of wrongful arrest, beneficial ownership, forum non-convenience and limitations upon the jurisdiction of the English courts. Key features of Volume One: Expert analysis of the very latest case law, including noteworthy cases in international jurisdictions Highlights important recent changes and developments in: piercing the corporate veil – State immunity conflict of laws and jurisdictions stay of proceedings for breach of jurisdiction or arbitration agreements issues arising from tiered dispute resolution clauses anti-suit injunctions Timely examination of the EU jurisdiction scheme and the Review of the Brussels I Regulation New Chapter on Freezing Injunctions as compared with the US Rule B Attachment This book serves as an invaluable reference for lawyers, academics, and a host of shipping and risk management professionals worldwide. Purchase Volumes 1 and 2 of the Modern Maritime Law together for a reduced price at http://www.routledge.com/books/details/9780415843201/
Download or read book Fundamental Texts on European Private Law written by Oliver Radley-Gardner KC and published by Bloomsbury Publishing. This book was released on 2016-11-03 with total page 1651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the most significant legal developments of our time is the emergence of a European private law. The European Union has enacted regulations and directives which profoundly affect the practice, teaching and study of core areas of 'classical' private law. Within Europe, commissions have formulated principles of European contract, tort, family and insolvency law as well as aspects of commercial law. Furthermore, uniform private law can be found in a number of international conventions and sets of principles. This second edition gathers together fundamental texts from these three sources into one convenient volume. Its emphasis is on general civil and commercial law, particularly on the obligations and property aspects of these. This second edition is a sister volume to the original German edition, now in its 5th edition.
Download or read book Finality in Litigation written by Jacob B. van de Velden and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines – traps for the unwary. The same doctrines can also be effective tools to avoid unnecessary or vexing duplicative proceedings or to determine how a case may affect the same or a related claim or issue in a subsequent case. This practitioner’s guide is a timely and comprehensive treatise on English law on the topic. It addresses the entire spectrum of preclusion issues arising in an English court: -the court functus officio – the finality of a judgment; -res judicata – merger of the cause of action, cause of action estoppel, and issue estoppel; -abuse of process – relitigation, Henderson v. Hendersonand collateral attack abuse; and -preclusion by foreign judgments. In a manner accessible to foreign lawyers, this book further offers a treatise of Dutch law that is of the same breadth and depth. It addresses all preclusion issues that may crop up in a Dutch court. Moreover, the cross-border context is considered – how domestic judgments fare abroad, how preclusion operates in the Brussels and Lugano regime, levels of preclusion set by European due process, and more. A contribution to conflicts theory, this book finally suggests improvements to the process of preclusion between jurisdictions, by clarifying the distinction between ‘recognition of’ foreign judgments and ‘preclusion by’ foreign judgments and by opening up a new field of choice of preclusion law. A first class work which will be of considerable interest to practitioners and scholars.’ –Lord Collins of Mapesbury former Justice of the UK Supreme Court and General Editor of Dicey and Morris on Conflict of Laws Jacob van de Velden practises international arbitration and litigation at De Brauw Blackstone Westbroek, a member of the Best Friends-network of law firms with Slaughter and May (UK), Bredin Prat (France), BonelliErede (Italy), Hengeler Mueller (Germany) and Uría Menéndez (Spain). He was a co-rapporteur for the International Law Association’s Committee on International Civil Litigation and a research fellow and director of the Private International Law programme at the British Institute of International and Comparative Law.
Download or read book Commercial Issues in Private International Law written by Michael Douglas and published by Bloomsbury Publishing. This book was released on 2019-06-13 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law. This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law.
Download or read book Brussels I Bis written by Requejo Isidro, Marta and published by Edward Elgar Publishing. This book was released on 2022-03-08 with total page 1011 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.
Download or read book Shipping Law Handbook written by Michael Bundock and published by Taylor & Francis. This book was released on 2013-07-04 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Shipping Law Handbook brings together all essential source material for anyone involved in shipping disputes. This book provides a comprehensive collection of international conventions, statutes and statutory instruments, arbitration rules and the most commonly encountered bills of lading, charterparties, insuranceclauses, guarantees and other contracts. The Handbook is a highly practical and essential work for shipping lawyers, arbitrators, P&I Clubs and their correspondents, ship owners, ship managers, agents and brokers. Anyone involved in shipping will wish to keep this reference conveniently to hand.
Download or read book Statutes on the Conflict of Laws written by Martin P George and published by Bloomsbury Publishing. This book was released on 2015-10-08 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutes on the Conflict of Laws provides students with the principal, current EU and UK legislation encountered in the study of private international law in one clear and easy-to-use volume. The legislation is not annotated, enabling the book to be used in examinations. It has been structured and designed so that students can find the material they need quickly and efficiently, with a table of contents organised chronologically by source type, and alphabetical index.
Download or read book The Brussels I bis Regulation written by Vesna Lazic Lazić and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its interpretation and application.
Download or read book Marine Insurance Legislation written by Robert Merkin and published by CRC Press. This book was released on 2014-04-24 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing thorough, up-to-date coverage of the operation of marine insurance legislation, this text is an essential resource for today's marine insurance professional. Designed with the reader in mind, previous editions of this book have been heavily praised for its accessible and highly-practical format. Section by section, the authors deliver expert commentary on the Marine Insurance Act 1906 and related marine insurance legislation. The origin of each section or provision is clearly explained, along with the authorities decided since the legislation came into force. New to this edition: Heavily revised with the very latest case law since 2010, some of which having a dramatic effect on the law of marine insurance. The most important cases include The Cendor Mopu and Masefield v Amlin. All relevant new cases have been added from across the common law world Clarification on new legislation such as the Third Parties (Rights against Insurers) Act 2010 and the Consumer Insurance (Disclosure and Representations) Act 2012 The compulsory insurance provisions affecting oil pollution and passengers The rules on jurisdiction and choice of law in the Brussels Regulation and the Rome I Regulation This compressive text is indispensable for marine lawyers, industry professionals, and students of marine insurance law worldwide.
Download or read book E Pluribus Unum Liber Amicorum Georges A L Droz on the Progressive Unification of Private International Law written by Georges Droz and published by Kluwer Law International B.V.. This book was released on 1996-06-07 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unification of Private International Law is a goal to which all the contributors to this impressive volume have committed themselves, and one which seems increasingly to attract the attention of legal practitioners, researchers, writers and legislators. The essays give a unique overview of the current state of the law with respect to those areas which have been unified, or which are susceptible to unification. Insights are given into national as well as international practice, and theoretical aspects have not been neglected.
Download or read book Recueil Des Cours Collected Courses 1994 written by and published by Martinus Nijhoff Publishers. This book was released on 1995-05-31 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." Contents: The Legal Position in International Law of Heads of States, Heads of Governments and Foreign Ministers, by Sir ARTHUR WATTS, KCMG, QC; Maintenance Obligations in the Conflict of Laws, by DIETER MARTINY; International Liability for the Injurious Consequences of Acts not Prohibited by International Law and Protection of the Environment, by JULIO BARBOZA. To access the abstract texts for this volume please click here
Download or read book Claims for Contribution and Reimbursement in an International Context written by Koji Takahashi and published by OUP Oxford. This book was released on 2000 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book systematically examines claims for contribution and reimbursement in an international context. As such claims are often made in third party proceedings, particularly detailed analyses are given to the conflict-of-laws dimensions of third party procedure.
Download or read book A Lawyer s Handbook for Enforcing Foreign Judgments in the United States and Abroad written by Robert E. Lutz and published by Cambridge University Press. This book was released on 2007 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Conflict of Laws written by Maebh Harding and published by Routledge. This book was released on 2013-10-08 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England. Recent years have seen an increased ‘Europeanization’ of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV and the proposed Succession Regulation. Harding provides students with a clear understanding using pedagogic methods such as; Key Issues checklists at the start of every chapter to help track important points for further study Figures are used to aid understanding through visual learning Further Reading is included at the end of every chapter to enourage and support additional study Further developments addressed in the fifth edition include: • The use of common law doctrines in EU cases such as West Tankers. • The EU imperative for family relationships to be recognized across the EU in the context of citizen’s rights. • Civil Partnerships and recognition of same sex partnership. • Rome III, Rome IV and the distinction between maintenance and matrimonial property. • Adoption, Parental Responsibility and International Child Abduction • Surrogacy and Assisted Reproduction Conflict of Laws is an ideal choice for undergraduate and postgraduate students seeking a comprehensive yet accessible introduction to private international law.
