Choice-of-court Agreements Under the European and International Instruments

Choice-of-court Agreements Under the European and International Instruments
Author: Trevor C. Hartley
Publisher:
Total Pages: 495
Release: 2013
Genre: Conflict of laws
ISBN: 9780191503238

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This is the first text to address all the instruments that will govern choice-of-court agreements in Europe and to engage in a practical discussion of their mutual relationship. The existing common law, which has dominated discussion of this subject for so long, will become less significant as European and international instruments become more widely applicable. The consequences of this, both for practitioners and business persons engaging in international transactions, areexplained by thematic chapters covering all major issues affected. The work opens with an introduction to the components o.

Optional Choice of Court Agreements in Private International Law

Optional Choice of Court Agreements in Private International Law
Author: Mary Keyes
Publisher: Springer Nature
Total Pages: 528
Release: 2019-10-18
Genre: Law
ISBN: 3030239144

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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.

Choice-of-court Agreements under the European and International Instruments

Choice-of-court Agreements under the European and International Instruments
Author: Trevor Hartley
Publisher: OUP Oxford
Total Pages: 0
Release: 2013-08-08
Genre: Law
ISBN: 9780199218028

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This is the first book to consider choice-of-court agreements in light of all European and international instruments: the 2005 Hague Convention, the Brussels 1 Regulation (both the 2000 and 2012 versions), and the Lugano Convention of 2007. It benefits from thematic organisation according to principal questions and carefully chosen appendices.

Choice-of-court Agreements Under the European and International Instruments

Choice-of-court Agreements Under the European and International Instruments
Author: Trevor Clayton Hartley
Publisher:
Total Pages: 495
Release: 2013
Genre: Conflict of laws
ISBN: 9780191819711

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This is the first text to address all the instruments that will govern choice-of-court agreements in Europe and to engage in a practical discussion of their mutual relationship. The existing common law, which has dominated discussion of this subject for so long, will become less significant as European and international instruments become more widely applicable. The consequences of this, both for practitioners and business persons engaging in international transactions, are explained by thematic chapters covering all major issues affected.

The Nature and Enforcement of Choice of Court Agreements

The Nature and Enforcement of Choice of Court Agreements
Author: Mukarrum Ahmed
Publisher: Bloomsbury Publishing
Total Pages: 275
Release: 2017-10-05
Genre: Law
ISBN: 1509914471

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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.

Party Autonomy in Private International Law

Party Autonomy in Private International Law
Author: Alex Mills
Publisher: Cambridge University Press
Total Pages: 595
Release: 2018-08-16
Genre: Law
ISBN: 1107079179

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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 2005 Hague Convention on Choice of Court Agreements

The 2005 Hague Convention on Choice of Court Agreements
Author: Ronald A. Brand
Publisher: Cambridge University Press
Total Pages: 84
Release: 2008-04-07
Genre: Law
ISBN: 1139470434

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The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recognized and enforced around the globe. The Convention, and the proposed treatise, will serve as an indispensable source for both transactions lawyers drafting the transnational commercial contracts of the future and for litigators involved in the resolution of disputes between parties to important transnational commercial transactions.

Treaty Conflict and the European Union

Treaty Conflict and the European Union
Author: Jan Klabbers
Publisher: Cambridge University Press
Total Pages: 285
Release: 2009
Genre: Law
ISBN: 0521455464

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Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.

International Commercial Litigation

International Commercial Litigation
Author: Trevor C. Hartley
Publisher: Cambridge University Press
Total Pages: 1035
Release: 2020-05-07
Genre: Law
ISBN: 1108786057

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Taking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include coverage of new case-law from the Court of Justice of the European Union. Of particular importance has been a set of judgments on jurisdiction in tort for pure financial loss, many of which have involved investment loss. New case law from the English courts, including the Supreme Court, and from the Supreme Court of the United States, is also covered.

Private International Law and the Internet

Private International Law and the Internet
Author: Dan Jerker B. Svantesson
Publisher: Kluwer Law International B.V.
Total Pages: 659
Release: 2016-03-22
Genre: Law
ISBN: 9041159657

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In this, the third edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what is emerging as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the four fundamental questions: When should a lawsuit be entertained by the courts? Which state's law should be applied? When should a court that can entertain a lawsuit decline to do so? And will a judgment rendered in one country be recognized and enforced in another? He identifies and investigates twelve characteristics of Internet communication that are relevant to these questions, and then proceeds with a detailed discussion of what is required of modern private international law rules. Professor Svantesson's approach focuses on several issues that have far-reaching practical consequences in the Internet context, including the following: • cross-border defamation; • cross-border business contracts; • cross-border consumer contracts; and • cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of countries including Australia, England, Hong Kong, the United States, Germany, Sweden, and China as well as in a range of international instruments. There is also a chapter on advances in geo-identification technology and its special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts; as well as a set of practical check-lists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson's book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this new and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable rules on jurisdiction, applicable law, and recognition and enforcement of judgments for communication via the Internet.