Fr. 85.00

Commercial Issues in Private International Law - A Common Law Perspective

English · Paperback / Softback

New edition in preparation, currently unavailable

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Zusatztext This book is commended for its high standard chapters in the areas of jurisdiction, foreign judgments, choice of law and emerging law, and the synthesising chapters by Justices Rares and Brereton. It would be a valuable addition to any commercial lawyer’s library, and is a clarion call to get private international law into the mainstream law curriculum. Informationen zum Autor Michael Douglas is Senior Lecturer at UWA Law School, University of Western Australia. Vivienne Bath is Professor of Chinese and International Business Law at the University of Sydney Law School. Mary Keyes is Professor of Law at Griffith Law School, Griffith University. Andrew Dickinson, formerly Professor of Private International Law at the University of Sydney, is a Fellow and Tutor of Law at St Catherine's College and Professor of Law at the Faculty of Law, University of Oxford. Photo courtesy of Faculty of Law, University of Oxford. Zusammenfassung 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. Inhaltsverzeichnis 1. Commercial Issues in Private International Law Justice Steven Rares PART IJURISDICTION2. In Absentia: The Evolution and Reform of Australian Rules of Adjudicatory Jurisdiction Andrew Dickinson 3. The Exercise of Jurisdiction and the Role of Enforcement Vivienne Bath 4. The Case Management Stay in Private International Law Reid Mortensen PART IIFOREIGN JUDGMENTS5. The 2005 Hague Convention: A Panacea for Non-Exclusive and Asymmetric Jurisdiction Agreements Too? Brooke Marshall 6. Reciprocal Recognition and Enforcement of Foreign Judgments in China: The Proposal of a Registration System Jie (Jeanne) Huang PART IIICHOICE OF LAW7. Paying Attention to Choice of Law in International Commercial Arbitration – or – Why the Conflict of Laws Always Matters Benjamin Hayward 8. The Conflict of Laws as a Shared Language for the Cross-Border Application of Statutes Maria Hook 9. Choice of Law in the Age of Statutes: A Defence of Statutory Interpretation after Valve Michael Douglas PART IVTHE DEVELOPING LEGAL LANDSCAPE10. New and Alternative Approaches to Proof of Foreign Law: A Practitioners’ Perspective Justin Hogan-Doran and Dominique Hogan-Doran 11. The Rise of Party Autonomy in Commercial Conflict of Laws Yeo Tiong Min 12. Developing Australian Private International Law: The Hague Choice of Court Convention & The Hague Principles of Choice of Law in International Commercial Contracts Mary Keyes PART VCONCLUDING REMARKS13. Conclusion Justice Paul Le Gay Brereton, AM, RFD ...

Product details

Authors Vivienne Bath, Dic, Michael Douglas, Mary Keyes
Assisted by Vivienne Bath (Editor), Bath Vivienne (Editor), Andrew Dickinson (Editor), Dickinson Andrew (Editor), Michael Douglas (Editor), Mary Keyes (Editor)
Publisher Hart Publishing
 
Languages English
Product format Paperback / Softback
Released 21.01.2021
 
EAN 9781509946198
ISBN 978-1-5099-4619-8
No. of pages 408
Series Studies in Private International Law
Subjects Social sciences, law, business > Law > International law, foreign law

LAW / International, LAW / Conflict of Laws, Private International Law & Conflict Of Laws, Private international law and conflict of laws

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