International Commercial Litigation

The new edition of this highly regarded work has been fully updated to reflect current trends and concerns in commercial litigation practice. It considers the many significant changes in the law since the first edition, and how they affect both the structure and drafting of commercial transactions, and the strategic choices of litigants. It includes extensive treatment of the recast Brussels I Regulation, which takes effect from January 2015, and which will significantly affect the handling of cross-border disputes. It offers extended analysis of important recent decisions including VTB v Nutritek, The Alexandros T, and Star Reefers v JFC.

The book is a definitive account of the law and practice of international commercial litigation in the English courts, which describes the present state of the law, and articulates its underlying principles. It is intended to be of value to both specialist and non-specialist practitioners, and, by setting the principles of private international law in a practical context, to scholars in the field.

The book offers an account of the subject which is comprehensive, and sophisticated in its analysis, but firmly grounded in addressing the challenges and concerns facing practitioners. The role of commercial litigation is examined, not merely in the resolution of disputes, but as an aspect of commercial practice. A feature of the book is its focus on evolving areas of practice, and issues of difficulty, with an emphasis on problematic decisions, and recent legislative changes. Particular emphasis is placed on how the principles established by the higher courts are applied in the Commercial Court. Where the law is uncertain or controversial, the rival arguments are examined and solutions considered. Emphasis is given to the impact of litigation on cross-border transactions, and its effect on legal risk. Mechanisms for managing the risks associated with cross-border litigation are extensively discussed, with particular emphasis on the drafting of effective jurisdiction and governing law clauses.

The first edition was highly regarded and was cited with approval by the courts in a number of key decisions including Blue Sky One Ltd v Mahan Air (March 2010), Royal & Sun Alliance plc v Rolls Royce plc (July 2010), Sebastian Holdings Inc v Deutsche Bank AG (Aug 2010, Court of Appeal), Glacier Reinsurance AG & v Gard Marine & Energy Ltd (Oct 2010, Court of Appeal), Faraday Reinsurance Co Ltd v Howden North America Inc (Nov 2011, Commercial Court), Mauritius Commercial Bank Ltd v Hestia Holdings Ltd (May 2013, Commercial Court), Antonio Gramsci v Lembergs (June 2013, Court of Appeal), and The Alexandros T (6 Nov 2013, Supreme Court).

List of contents

• PART I: INTRODUCTION


• 1: Introduction


• PART II: LEGAL RISK AND MULTISTATE TRANSACTIONS


• 2: Managing Litigation Risk


• 3: Managing Transaction Risk


• PART III: LIABILITY AND RECOVERY IN MULTISTATE LITIGATION


• 4: The Dynamics of Choice of Law


• 5: The Laws Governing Multistate Transactions


• 6: The Laws Governing Recovery


• PART IV: COMMENCING AND PREVENTING PROCEEDINGS


• 7: Strategic Choices


• 8: The Framework of Jurisdiction


• 9: Establishing and Challenging Jurisdiction


• 10: Excluded Claims


• 11: Declining Jurisdiction: The European Regime


• 12: Declining Jurisdiction: The European Regime and Third States


• 13: Declining Jurisdiction: English National Law


• 14: Procedural Objections to Proceedings


• 15: Preclusive Proceedings


• 16: Restraining Foreign Proceedings


• PART V: EFFECTIVE ENFORCEMENT


• 17: Preseving Judgement Assets


• 18: Enforcing Judgement Debts


• PART VI: THE CONDUCT OF PROCEEDINGS


• 19: Procedure, Costs, and Evidence in Multistate Disputes


• 20: The Proof of Foreign Law

About the author

Richard Fentiman was formerly a Solicitor in the City of London, and remains active as a consultant and lecturer for major law firms. He has been involved in many recent law reform initiatives in the area of cross-border litigation, and is responsible for the highly regarded graduate course on International Commercial Litigation at Cambridge. He is well known for his expertise and writing in the areas of private international law and international dispute resolution, and in particular for his book on 'Foreign Law in English Courts: Pleading, Proof and Choice of Law' (OUP, 1998), the leading text on the subject.

Summary

Fentiman is a recognised authority on the law and practice of international commercial litigation. The new edition has been fully updated to reflect current trends and concerns in the management of litigation risk in the transnational legal and regulatory environment including treatment of the recast Brussels Regulation.

Additional text

No work currently on the market in the UK or Europe comes close in presenting this highly complex area in a manner both scholarly and practically relevant. Richard Fentiman writes with remarkable clarity about a subject both conceptually difficult and laden with issues concerning choice and risk in a business context. [This book comes] highly recommended both for practitioners and academics.

Report

No work currently on the market in the UK or Europe comes close in presenting this highly complex area in a manner both scholarly and practically relevant. Richard Fentiman writes with remarkable clarity about a subject both conceptually difficult and laden with issues concerning choice and risk in a business context. [This book comes] highly recommended both for practitioners and academics. Andrej Savin, Associate Professor at Copenhagen Business School

Product details

• Authors: Richard Fentiman, Richard (Professor of Private Internatio Fentiman, Fentiman Richard
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 08.01.2015
• EAN: 9780198712916
• ISBN: 978-0-19-871291-6
• No. of pages: 816
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / Commercial / General, LAW / International, LAW / Conflict of Laws, International Law, Commercial law, Private International Law & Conflict Of Laws, Private international law and conflict of laws