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.
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.
101 See Para 68, Title VII “Real rights” of Law on Private International Law of the Czech Republic, No. 91/2012. The fact is that states give different names to things as per their characteristics and significance for a definite ...
Horseferry Road Magistrates' Court, ex parte Bennett [1994] 1 AC 42; [1993] 3 WLR 90 (HL) .... .. 308 Raiffeisen Zentralbank Osterreich v. Five Star Trading [2001] EWCA Civ 68; [2001] QB 825; [2001] 2 WLR 1344; [2001] 3 All ER 257; ...
It is true, of course, that if Hartzell and Piper were found liable after a trial in the United States, they could institute an action for indemnity or contribution against these parties in Scotland. It would be far more convenient, ...
However, there is no adequate coordination between European Private International Law and the EU fundamental freedoms. This paper examines this lack of coordination in the field of international employment. EPIL uses the place where the ...
Current Legal Issues in International Commercial Litigation
This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights.
The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership.
1 Child Abduction—An Overview Based on the person who abducts the child, child abduction is divided into two broad ... 8Taryn Lindhorst and Jeffrey L. Edleson 'Battered Women, Their Children, and International Law: The Unintended ...
Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture ...