Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2009-07-09 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
Download or read book International Jurisdiction and Commercial Litigation written by Hélène van Lith and published by T.M.C. Asser Press. This book was released on 2011-08-27 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: avoiding gaps and provide a claimant with limited forum shopping possibilities. In that same vein, the paradigm proposed by Ms. Van Lith ought to shift to special grounds of jurisdiction based on sufficient connection between the defendant and the forum state. In that respect, she proposes jurisdiction at the place where the defendant has a fixed place of business from which he carries out business activities directly related to the claimant’s contractual claim. Absent such a place of business, jurisdiction is to be vested in the courts of the country where the defendant is engaged in substantial business activities in relation to the contract with a limited forum shopping for a claimant in favour of the court of the defendant’s home country. Other general or special grounds for jurisdiction (such as claimant-related connections or property-based connections) are rejected because they do not meet the proposed paradigm of sufficient connection. As to exceptions to international jurisdiction rules as proposed, Ms. Van Lith comes to the conclusion that a general escape provision is to be avoided except for the ‘tra- acting business’ rule where – in accordance with the paradigm proposed – international jurisdiction can be avoided in favour of the defendant’s home court when the dispute is insufficiently connected with the forum making it unfair under the circumstances to expect the defendant to be subjected to the jurisdiction of that court. In this respect, a balanced approach to predictability and flexibility is being proposed.
Download or read book Jurisdiction and Arbitration Agreements in International Commercial Law written by Zheng Sophia Tang and published by Routledge. This book was released on 2014-02-05 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.
Download or read book International Commercial Litigation written by Richard Fentiman and published by Oxford University Press, USA. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART I: INTRODUCTION 1: Introduction PART II: LEGAL RISK AND MULTISTATE TRANSACTIONS 2: Managing Litigation Risk 3: Managing Transaction Risk PART III: LIABILITY AND RECOVERY IN MULTISTATE LITIGATION 4: The Dynamics of Choice of Law 5: The Laws Governing Multistate Transactions 6: The Laws Governing Recovery PART IV: COMMENCING AND PREVENTING PROCEEDINGS 7: Strategic Choices 8: The Framework of Jurisdiction 9: Establishing and Challenging Jurisdiction 10: Excluded Claims 11: Declining Jurisdiction: The European Regime 12: Declining Jurisdiction: The European Regime and Third States 13: Declining Jurisdiction: English National Law 14: Procedural Objections to Proceedings 15: Preclusive Proceedings 16: Restraining Foreign Proceedings PART V: EFFECTIVE ENFORCEMENT 17: Preseving Judgement Assets 18: Enforcing Judgement Debts PART VI: THE CONDUCT OF PROCEEDINGS 19: Procedure, Costs, and Evidence in Multistate Disputes 20: The Proof of Foreign Law.
Download or read book International Jurisdiction and Commercial Litigation written by Hélène van Lith and published by T.M.C. Asser Press. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the basic approaches to international jurisdiction in commercial contractual disputes, with a comprehensive analysis of jurisdictional regimes of major Continental European countries, England, the United States and the Brussels Regulation 44/2001. It contains an exhaustive comparative study of each rule establishing jurisdiction over disputes arising from transnational commercial contracts entered into between private entities and/or corporations. The analysis includes key issues such as defendant’s forum, corporate domicile, contract jurisdiction, branch jurisdiction, transacting and doing business, and describes the importance of U.S. due process standards, fair trial considerations and the forum (non) conveniens doctrines. It further explores whether any common grounds in international jurisdiction rules exist and assesses the feasibility of a uniform global system for international contractual disputes also in relation to the previous work of The Hague Conference of Private International Law on a worldwide jurisdiction convention. A valuable text for academics and practitioners dealing with private international law and international commercial litigation worldwide. Winner of the AiSDC Prize 2010.
Download or read book Jurisdiction Admissibility and Choice of Law in International Arbitration Liber Amicorum Michael Pryles written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
Download or read book International Commercial Disputes written by Jonathan Hill and published by Bloomsbury Publishing. This book was released on 2014-11-24 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards. This title is included in Bloomsbury Professional's International Arbitration online service.
Download or read book International Commercial Litigation written by Stephen Cromie and published by Butterworth-Heinemann. This book was released on 1997 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Park and Cromie: International Commercial Litigation focuses on national commercial litigation in its international context. England and Wales, USA, France, Germany, Switzerland, Japan, Australia and Canada are all covered, with the book being structured in such a way that the procedural and substantive law of each country is covered in equal depth. A team of international contributors analyses the factors which must be taken into consideration in choosing the forum and how to proceed after that choice has been made. The conduct of simultaneous proceedings in the various countries and how decisions may be enforced in the light of relevant bilateral and multilateral conventions (in particular the Brussels, Lugano and Hague Conventions) are also covered.
Download or read book International Jurisdiction and Commercial Litigation written by Hélène van Lith and published by T.M.C. Asser Press. This book was released on 2009-06-11 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: avoiding gaps and provide a claimant with limited forum shopping possibilities. In that same vein, the paradigm proposed by Ms. Van Lith ought to shift to special grounds of jurisdiction based on sufficient connection between the defendant and the forum state. In that respect, she proposes jurisdiction at the place where the defendant has a fixed place of business from which he carries out business activities directly related to the claimant’s contractual claim. Absent such a place of business, jurisdiction is to be vested in the courts of the country where the defendant is engaged in substantial business activities in relation to the contract with a limited forum shopping for a claimant in favour of the court of the defendant’s home country. Other general or special grounds for jurisdiction (such as claimant-related connections or property-based connections) are rejected because they do not meet the proposed paradigm of sufficient connection. As to exceptions to international jurisdiction rules as proposed, Ms. Van Lith comes to the conclusion that a general escape provision is to be avoided except for the ‘tra- acting business’ rule where – in accordance with the paradigm proposed – international jurisdiction can be avoided in favour of the defendant’s home court when the dispute is insufficiently connected with the forum making it unfair under the circumstances to expect the defendant to be subjected to the jurisdiction of that court. In this respect, a balanced approach to predictability and flexibility is being proposed.
Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2009-07-09 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: This carefully structured, practice-orientated textbook provides everything the law student needs to know about international commercial litigation. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into litigation in English courts. Three important themes of the book analyse how the international element may call into question the power of the court to hear the case, whether it should exercise this power, whether foreign law applies, and whether the court should take into account any foreign judgement. Hartley provides the reader with extracts from leading cases and relevant legislation, together with an extensive reference library of further reading for those who wish to explore the topic in more detail, making this a valuable, single-source textbook. The title will benefit from a companion website, setting out all relevant case law developments for the students.
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 408 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 Commercial Issues in Private International Law written by and published by . This book was released on 2019 with total page 408 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."--Bloomsbury Publishing.
Download or read book International Litigation and Arbitration written by THOMAS E. CARBONNEAU and published by West Academic Publishing. This book was released on 2020-07-03 with total page 1051 pages. Available in PDF, EPUB and Kindle. Book excerpt: Description Coming Soon!
Download or read book International Commercial Litigation written by Richard Fentiman and published by Oxford University Press, USA. This book was released on 2010-02-18 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: Readership: Commercial law practitioners, particularly those with a cross-border practice; academics and scholars of the conflict of laws; postgraduate/advanced students of the subject; legal reference libraries
Download or read book Choice of Law in International Commercial Contracts written by Oxford Editor and published by . This book was released on 2021-03 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
Download or read book Comparative International Commercial Arbitration written by Julian D. M. Lew and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
