Forum Shopping In The European Judicial Area
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Forum Shopping In The European Judicial Area
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Author : Pascal de Vareilles-Sommières
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-12-18
Forum Shopping In The European Judicial Area written by Pascal de Vareilles-Sommières and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-18 with Law categories.
One of the issues left untouched by the Brussels Convention of 27 September 1968 (and by the Brussels-1 Regulation replacing it) concerns the leeway left to domestic courts when applying European rules on international jurisdiction in civil and commercial matters. For instance, is the court under a duty of strict compliance with the jurisdiction rule as it is drafted? Would such a duty go so far as to require the court to abide by the jurisdiction rule, even though it is being used by one of the litigants to achieve an unfair result, for example to delay adjudication on the merits? Under what conditions may the Court decline jurisdiction on account of any unsuitable forum shopping, thus ruling out the European provision on jurisdiction? Recent litigation in the ECJ has yielded rather, even excessively, restrictive answers, ruling out any discretion by domestic courts to remedy any inconvenience arising from the strict application of the European provisions, if such discretion were provided for by the lex fori (the Gasser case, the Turner case, and the Owusu case). This series of rulings from the ECJ raises several questions. Most observers have questioned the appropriateness of prescribing a blind application of European rules on jurisdiction by domestic courts, relying on the legal traditions of EC Member States usually providing for corrective mechanisms - such as 'forum non conveniens' in English Law and 'exception de fraude' in French Law - in cases when a party abusively triggers the jurisdiction of a court in order to obtain an unjust advantage, thus practising unacceptable forum shopping. The time has now come for an analysis, under both Community and comparative law, of the ramifications of the recent Gasser/Turner/Owusu cases. Readers will find in this book a collection of studies by some of the leading English and French experts today, analysing the ins and outs of jurisdiction and forum shopping in Europe.
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.
Forum Shopping Despite Unification Of Law
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Author : Franco Ferrari
language : en
Publisher: BRILL
Release Date : 2021-08-16
Forum Shopping Despite Unification Of Law written by Franco Ferrari and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-16 with Law categories.
According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.
Forum Shopping In The International Commercial Arbitration Context
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Author : Sellier European Law Publishers
language : en
Publisher:
Release Date : 2013
Forum Shopping In The International Commercial Arbitration Context written by Sellier European Law Publishers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Forum Selection Under The Hague Convention On Choice Of Court Agreements A European Perspective
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Author : Francesca Ragno
language : en
Publisher:
Release Date : 2018-03-30
Forum Selection Under The Hague Convention On Choice Of Court Agreements A European Perspective written by Francesca Ragno and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-30 with categories.
Optional Choice Of Court Agreements In Private International Law
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Author : Mary Keyes
language : en
Publisher: Springer Nature
Release Date : 2019-10-18
Optional Choice Of Court Agreements In Private International Law written by Mary Keyes and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-18 with Law categories.
This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.
Operating Law In A Global Context
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Author : Jean-Sylvestre Bergé
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-06-30
Operating Law In A Global Context written by Jean-Sylvestre Bergé and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-30 with Electronic books categories.
Lawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book maps the analysis lawyers require when confronted by the operation of several laws in different contexts, and demonstrates how this enhances legal reasoning.
Forum Shopping And International Commercial Law
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Author : Franco Ferrari
language : en
Publisher:
Release Date : 2020-04-09
Forum Shopping And International Commercial Law written by Franco Ferrari and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-09 with Commercial law categories.
Commentators and courts disagree on such fundamental issues as the definition of forum shopping and whether it is an 'unsung virtue' or an untrammelled vice. Disagreements persist on how to deal with 'virtuous' forum shopping or how best to proscribe "evil" forum shopping, if such a distinction can at all be made. The articles reprinted in this three-volume collection illuminate, explore and contest these questions. Volume I analyses the definitions and purposes of forum shopping, the right and duty to practise it and how it relates to private international law. Volume II focuses on the link between forum shopping and uniform substantive law as well as discussing jurisdictional issues and arbitration. Volume III investigates defamation, intellectual property and competition law, as well as examining insolvency proceedings along with treaty shopping. Together with an introduction by the editors, this collection provides a comprehensive overview of the topic and will prove useful to academics, students and practitioners alike.
Current Issues In European Financial And Insolvency Law
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Author : Wolf-Georg Ringe
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-06-02
Current Issues In European Financial And Insolvency Law written by Wolf-Georg Ringe and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-02 with Law categories.
Recent case-law and legislation in European company and insolvency law have significantly furthered the integration of European business regulation. In particular, the case-law of the European Court of Justice and the introduction of the EU Insolvency Regulation have provided the stimulus for current reforms in various jurisdictions in the fields of insolvency and financial law. The UK, for instance, has adopted the Enterprise Act in 2002, designed, inter alia, to enhance enterprise and to strengthen the UK's approach to bankruptcy and corporate rescue. In a similar vein, a recent reform in France has modernised French insolvency law and even introduced a tool similar to the successful English 'company voluntary arrangement' (CVA). This book provides a collection of studies by some of the leading English and French experts today, analysing current perspectives of insolvency and financial law in Europe, both on the national as well as on the European level.
The Nature And Enforcement Of Choice Of Court Agreements
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Author : Mukarrum Ahmed
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-05
The Nature And Enforcement Of Choice Of Court Agreements written by Mukarrum Ahmed and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Law categories.
PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.