Forum Non Conveniens In England
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Forum Non Conveniens In England
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Author : Ardavan Arzandeh
language : en
Publisher:
Release Date : 2019
Forum Non Conveniens In England written by Ardavan Arzandeh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Forum non conveniens categories.
"The forum (non) conveniens doctrine provides the basis for the discretionary exercise of jurisdiction by English courts in private international law disputes. London's pre-eminence as a centre for international commercial litigation has led to the frequent deployment of this doctrine in proceedings where parties disagree over where the case should be heard. The doctrine's significance is not limited to England but extends to many Commonwealth jurisdictions which have embraced it. This is the first book-length study devoted entirely to examining the forum (non) conveniens doctrine's past, present, and future from the perspective of the law in England. By offering a meticulous and critical analysis of relevant historical and contemporary sources in England and elsewhere, it seeks to fill gaps in relevant knowledge of the English forum (non) conveniens doctrine, and to challenge certain views concerning its operation that have come to be regarded as representing the orthodoxy. In this respect, the book attempts to refine our understanding of the doctrine's historical development, evaluate its application in the years following its formal recognition in England, and examine the case for revising it, given the changing nature of international commercial litigation in recent decades. The book's ultimate objective is to act as an authoritative and a comprehensive reference point for those with an interest in the forum (non) conveniens doctrine, more specifically, and cross-border private litigation, more generally."--Bloomsbury Publishing.
Forum Non Conveniens In England
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Author : Ardavan Arzandeh
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-12-27
Forum Non Conveniens In England written by Ardavan Arzandeh and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-27 with Law categories.
The forum (non) conveniens doctrine provides the basis for the discretionary exercise of jurisdiction by English courts in private international law disputes. London's pre-eminence as a centre for international commercial litigation has led to its frequent deployment in proceedings where parties disagree over where a case should be heard. The doctrine's significance is not limited to England but extends to many Commonwealth jurisdictions which have embraced it. This is the first book-length study devoted entirely to examining the forum (non) conveniens doctrine's past, present, and future from the perspective of the law in England. By offering a meticulous and critical analysis of relevant historical and contemporary sources in England and elsewhere, it seeks to fill gaps in relevant knowledge of the English forum (non) conveniens doctrine, and challenge certain views concerning its operation that have come to be regarded as representing the orthodoxy. In this respect, the book attempts to refine our understanding of the doctrine's historical development, evaluate its application in the years following its formal recognition in England, and examine the case for revising it, given the changing nature of international commercial litigation in recent decades. The book's ultimate objective is to act as an authoritative and comprehensive reference point for those with an interest in the forum (non) conveniens doctrine, more specifically, and cross-border private litigation, more generally.
Forum Non Conveniens In The Context Of International Commercial Arbitration
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Author : Peter Gillies
language : en
Publisher:
Release Date : 2009
Forum Non Conveniens In The Context Of International Commercial Arbitration written by Peter Gillies and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
This paper reviews the role of the common law doctrine, or principles of forum non conveniens in the context of international commercial arbitration. By way of preliminary, the role of the doctrine is commented upon along with the tests for applying it. One question will recur in this review - are the factors governing the application of forum non conveniens the same in the litigation and arbitration contexts, or has its operation in the arbitration context required a modification of the doctrine and/or the rules governing its application? The paper focuses on three common law jurisdictions, England, the United States, and Australia.
Forum Non Conveniens In The Modern Age A Comparative And Methodological Analysis Of Anglo American Law
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Author : Michael Karayanni
language : en
Publisher: BRILL
Release Date : 2021-11-22
Forum Non Conveniens In The Modern Age A Comparative And Methodological Analysis Of Anglo American Law written by Michael Karayanni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-22 with Law categories.
The book’s compelling thesis is that the role of the forum non conveniens should be strengthened and even enhanced, particularly in light of modern advancements such as Internet transactions, efficient jet travel and telecommunications facilitating transfer of documents and testimony. Karayanni argues, more importantly, that in order to face technological complexities, the forum non conveniens doctrine needs to undergo a basic transformation. He proposes that American and English law doctrines similar to the forum non conveniens, like the reasonableness test and the forum conveniens doctrine, be integrated. Published under the Transnational Publishers imprint.
Forum Shopping In England Und Deutschland
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Author : Dieter Jasper
language : de
Publisher: Duncker & Humblot
Release Date : 2021
Forum Shopping In England Und Deutschland written by Dieter Jasper and has been published by Duncker & Humblot this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
Forum Non Conveniens
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Author : Ronald A. Brand
language : en
Publisher: Oxford University Press
Release Date : 2007-07-27
Forum Non Conveniens written by Ronald A. Brand and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-27 with Law categories.
With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements.Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.
Private International Law In Commonwealth Africa
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Author : Richard Frimpong Oppong
language : en
Publisher: Cambridge University Press
Release Date : 2013-09-12
Private International Law In Commonwealth Africa written by Richard Frimpong Oppong and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-12 with Law categories.
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Civil Jurisdiction And Judgments
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Author : Adrian Briggs
language : en
Publisher: CRC Press
Release Date : 2015-06-12
Civil Jurisdiction And Judgments written by Adrian Briggs and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-12 with Law categories.
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.
Foreign Affairs In English Courts
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Author : Frederick Alexander Mann
language : en
Publisher:
Release Date : 1986
Foreign Affairs In English Courts written by Frederick Alexander Mann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.
Considering the aspects of foreign affairs which arise in English court cases, this book treats questions regarding the relationship between international and domestic law, the sovereignty of the Crown, and the relationship between the Crown and the courts.
Party Autonomy In Private International Law
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Author : Alex Mills
language : en
Publisher: Cambridge University Press
Release Date : 2018-08-16
Party Autonomy In Private International Law written by Alex Mills and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-16 with Law categories.
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.