Forum Shopping And Venue In Transnational Litigation
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Forum Shopping And Venue In Transnational Litigation
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Author : Andrew S. Bell
language : en
Publisher: Oxford Private International L
Release Date : 2003
Forum Shopping And Venue In Transnational Litigation written by Andrew S. Bell and has been published by Oxford Private International L this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practicaljurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate isinevitable.Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation.It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reason why much transnational litigation settles once the issue of venue is resolved,in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions,most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicialcomity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selectionarrangements.
Venue In Transnational Litigation
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Author : Andrew S. Bell
language : en
Publisher:
Release Date : 1994
Venue In Transnational Litigation written by Andrew S. Bell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Forum shopping categories.
Responses To Forum Shopping In Transnational Litigation
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Author : Andrew P. Bell
language : en
Publisher:
Release Date : 1994
Responses To Forum Shopping In Transnational Litigation written by Andrew P. Bell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with categories.
Responses To Forum Shopping In Transnational Litigation
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Author : Andrew S. Bell
language : en
Publisher:
Release Date : 1994
Responses To Forum Shopping In Transnational Litigation written by Andrew S. Bell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Commercial courts categories.
Forum Shopping In International Adjudication
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Author : Luiz Eduardo Salles
language : en
Publisher: Cambridge University Press
Release Date : 2014-05-22
Forum Shopping In International Adjudication written by Luiz Eduardo Salles 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 2014-05-22 with Law categories.
How can procedural objections be used to address the emerging phenomenon of forum shopping before international tribunals?
Transnational Litigation In Comparative Perspective
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Author : Stephen C. McCaffrey
language : en
Publisher:
Release Date : 2010
Transnational Litigation In Comparative Perspective written by Stephen C. McCaffrey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Transnational Litigation in Comparative Perspective: Theory and Application is the only casebook that examines the principal issues in transnational litigation from a comparative perspective. Each chapter focuses on a particular core problem that all legal systems must address. The first half of each chapter is devoted to exploring the theoretical context of the issue, thereby enabling students to appreciate the complexity of the problem and to see how achieving a resolution requires balancing competing interests. The second part of each chapter then focuses on how different systems deal with these challenges. Topics covered include protective measures, personal jurisdiction, forum non conveniens, forum selection clauses, state immunity, state doctrine, service of process, gathering evidence abroad, choice of law, and recognition and enforcement of foreign judgments. Distinctive Features *Uses a comparative approach that better prepares future lawyers for international litigation that may be initiated in countries other than the U.S. *Offers a hypothetical at the beginning of each chapter to introduce the fundamental issue; the hypotheticals raise questions that are diagnostic rather than prescriptive, leading to many "right" answers *Accommodates different types of courses--professors who employ a less theoretical approach can use the hypotheticals to ground class discussions *Considers issues unique to arbitration as they arise in connection with the various topics studied
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.
Developments In The Law
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Author :
language : en
Publisher:
Release Date : 2007
Developments In The Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Civil procedure (International law) categories.
Transnational Litigation
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Author : Louise Ellen Teitz
language : en
Publisher:
Release Date : 1996
Transnational Litigation written by Louise Ellen Teitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Actions and defenses categories.
Transnational Litigation
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Author : Richard H. Kreindler
language : en
Publisher: Oxford University Press, USA
Release Date : 1997
Transnational Litigation written by Richard H. Kreindler and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
Transnational Litigation is a useful country-by-country reference tool responsive to a litigator's daily need for a convenient and accurate guide on litigation crossing international borders - from the beginning to the end of a dispute. This set provides detailed analysis of cross-border litigation procedure and strategy, strategic advice and insight into the procedural, tactical, and substantive issues of over twenty-eight major legal systems. Written by litigation practitioners with leading reputations internationally and in their respective jurisdictions, this work provides in-depth analysis of important details relating to all aspects of cross-border litigation.