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Informationen zum Autor Adeline Chong is an Assistant Professor in Law at the Singapore Management University. Photo credit: Singapore Management University Klappentext This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards. Zusammenfassung This fourth edition considers how commercial disputes which have connections with more than one country are dealt with by the English courts. Inhaltsverzeichnis Chapter 1 - Introduction 1.1 Preliminary Remarks 1.2 Jurisdiction and the Recognition and Enforcement of Foreign Judgments Basic Concepts The Traditional Regime The Brussels I Regulation Jurisdiction and the Recognition and Enforcements of Judgments with in the United Kingdom Subsequent Developments 1.3 Choice of Law Part I: Jurisdiction and the Recognition and Enforcement of Foreign Judgments Chapter 2 - Persons who Can and Cannot Sue or be Sued 2.1 Legal Capacity to Sue or Be Sued Foreign Corporations Other Foreign Juristic Entities Corporations Established under the Laws of Territories which are not States International Corporations Foreign States Foreign Governments 2.2 Persons who Cannot Sue and Non-justiciable Claims Enemy Aliens Non-justiciable Claims 2.3 State Immunity Background The Scope of Immunities The Scheme of the Act Immunity from Adjudicative Jurisdiction Immunity from Enforcement Jurisdiction Service of Process in Proceedings against States Judgments in Default 2.4 Diplomatic Immunity Diplomatic Officers Consular Agents 2.5 International Organisations Chapter 3 - The Brussels I Regulation: General Considerations 3.1 Introduction 3.2 Interpretation of the Brussels I Regulation References to the Court of Justice Methods of Interpretation Interpretation by National Courts 3.3 Scope of the Brussels I Regulation Introductory Remarks Civil and Commercial Matters Exceptions 3.4 The Relationship between the Brussels I Regulat...
