Optional Choice Of Court Agreements In Private International Law
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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.
Commercial Issues In Private International Law
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Author : Michael Douglas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-06-13
Commercial Issues In Private International Law written by Michael Douglas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-13 with Law categories.
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.
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.
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.
Private International Law
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Author : Franco Ferrari
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019-12-27
Private International Law written by Franco Ferrari 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 2019-12-27 with Law categories.
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
Forum Non Conveniens
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Author : Ronald A. Brand
language : en
Publisher: Oxford University Press on Demand
Release Date : 2007-07-27
Forum Non Conveniens written by Ronald A. Brand and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-27 with Law categories.
This book provides and in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries.
Elements Of Private International Law
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Author : Winston Anderson
language : en
Publisher: Ian Randle Publishers
Release Date : 2003
Elements Of Private International Law written by Winston Anderson and has been published by Ian Randle Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Conflict of laws categories.
Conflict Of Laws
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Author : Ronald Harry Graveson
language : en
Publisher:
Release Date : 1974
Conflict Of Laws written by Ronald Harry Graveson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Conflict of laws categories.
Monograph on the conflict of laws in private international law - covers the problem of classification, the doctrine of renvoi, general principles of jurisdiction, the meaning of legal status and marital status, marriage settlement, contracts, negotiable instruments, wills, trusts, bankruptcy, tort, procedure, the recognition and enforcement of foreign judgments, etc. References.
General Reports Of The Xxth General Congress Of The International Academy Of Comparative Law Rapports G N Raux Du Xx Me Congr S G N Ral De L Acad Mie Internationale De Droit Compar
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Author : Katharina Boele-Woelki
language : fr
Publisher: Springer Nature
Release Date : 2020-12-17
General Reports Of The Xxth General Congress Of The International Academy Of Comparative Law Rapports G N Raux Du Xx Me Congr S G N Ral De L Acad Mie Internationale De Droit Compar written by Katharina Boele-Woelki and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-17 with Law categories.
This book explores convergences of legal doctrine despite jurisdictional, cultural and political barriers, as well as divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading experts from all continents, its 26 chapters present a comparative analysis of cutting-edge legal issues of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. Several of the chapters show how, in addition to state normative production and state adjudication, a growing panoply of non-state instruments and non-state adjudication are becoming more and more central to the legal field. This book is a key addition to the library of any scholar wanting to keep abreast of the major trends in contemporary law. Representing the current state of law in a vast range of areas, it covers each topic from a comparative perspective. Cet ouvrage, en examinant des sujets d'une importance vitale pour les juristes contemporains, traite des convergences de la doctrine juridique malgré les barrières juridictionnelles, culturelles et politiques ainsi que des divergences dues à ces barrières. Écrits par d'éminents universitaires de tous les continents, ses 26 chapitres présentent une analyse comparative de sujets juridiques majeurs du 21e siècle. Dans un monde technologiquement avancé, bien que chaque pays analysé dans cet ouvrage demeure autonome en tant qu'État souverain, l’ensemble des systèmes disparates présente néanmoins des stratégies comparables pour traiter des questions juridiques complexes. En outre, plusieurs chapitres montrent comment, en plus de la production normative et de la résolution des différends étatiques, la panoplie croissante de différents types d'instruments non étatiques et de résolution non étatique des différends devient de plus en plus centrale dans la sphère juridique. Cet ouvrage est un ajout essentiel à la bibliothèque de tout universitaire souhaitant se tenir au courant des principales tendances du droit contemporain. Il couvre un vaste domaine de sujets traités d'un point de vue comparatif et représente l'état actuel du droit dans chaque domaine.
When Private International Law Meets Intellectual Property Law
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2019-10-15
When Private International Law Meets Intellectual Property Law written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-15 with Law categories.
Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.