Forum Shopping and Venue in Transnational Litigation

Zusatztext Although forum shopping is primarily of influence in commercial litigation, the contents of this book are relevant to trust litigation also. Any international trust litigator should read the chapter on Divergence in Choice of Law Rules and Practice. Informationen zum Autor Andrew Bell is a barrister practising at the New South Wales bar in Australia and sometime Vinerian Scholar at the University of Oxford. Klappentext Forum shopping in international litigation and arbitration is the product of the differences which exist in the procedural and substantive laws of countries throughout the world participating in an ever-more globalized economy.This book provides an in-depth study of the conditions for, motivations behind and techniques of forum shopping as well as possible defences against it. It will be of interest to practitioners, judges and academics throughout the common law world, the European Union and the United States. Zusammenfassung This book provides an in-depth study of the conditions for, motivations behind and techniques of forum shopping as well as possible defences against it. It will be of interest to practitioners, judges and academics throughout the common law world, the European Union and the United States. Inhaltsverzeichnis Foreword by Sir Anthony Mason 1: Introduction 1.1 Transnational litigation and the global economy 1.2 Transnational litigation and concurrent jurisdiction 1.3 The importance of venue 2: Venue and the plaintiff: the incentives for forum shopping 2.1 Three dimensions of uniformity 2.2 The significance of procedure 2.3 Lack of uniformity in domestic law 2.4 Divergence in choice of law rules and practice 3: Conceptual responses to forum shopping and concurrent litigation 3.1 Introduction 3.2 Jurisdiction allocated by convention or regulation 3.3 Jurisdiction under the common law 4: Venue and the defendant: reverse forum shopping 4.1 Options for the defendant 4.2 Challenging jurisdiction 4.3 Staying procedures - forum non conveniens 4.4 Anti-suit judgments 4.5 Negative declaratory proceedings 4.6 Ignoring foreign proceedings 5: Venue by consensus: jurisdiction and arbitration agreements 5.1 The nature and importance of jurisdiction and arbitration agreements 5.2 Escaping the bargain 5.3 Conclusion 6: Conclusion ...

Product details

• Authors: Andrew Bell, Andrew S. Bell, Andrew S. (Barrister Bell, Bell Andrew S.
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 06.02.2003
• EAN: 9780199248186
• ISBN: 978-0-19-924818-6
• No. of pages: 398
• Series: Oxford Private International Law Series; Oxford Monographs in Private I; Oxford Private International Law Series; Oxford Private International L
• Subjects: Guides > Law, job, finance > Family law; Social sciences, law, business > Law > International law, foreign law; LAW / Courts, LAW / International, LAW / Arbitration, Negotiation, Mediation, LAW / Conflict of Laws, LAW / Alternative Dispute Resolution, LAW / Trial Practice, International Arbitration, Arbitration, mediation & alternative dispute resolution, Courts & procedure, Legal systems: courts and procedures, Private International Law & Conflict Of Laws, Arbitration, mediation and alternative dispute resolution, Private international law and conflict of laws, International law: arbitration