Commercial issues in private international law : a common law perspective

Author(s)

• Commercial Issues in Private International Law (Conference)
• Douglas, Michael C.

Bibliographic Information

Commercial issues in private international law : a common law perspective

edited by Michael Douglas ... [et al.]

（Studies in private international law, v. 22）

Hart, 2019

• : hb

Note

Includes papers presented at a conference titled "Commercial Issues in Private International Law" held 16 February 2018, and hosted by the University of Sydney Law School

Includes bibliographical references and index

Description and Table of Contents

Description

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.

Table of Contents

1. Commercial Issues in Private International Law Justice Steven Rares PART I JURISDICTION 2. 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 II FOREIGN JUDGMENTS 5. 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 III CHOICE OF LAW 7. 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 IV THE DEVELOPING LEGAL LANDSCAPE 10. 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 V CONCLUDING REMARKS 13. Conclusion Justice Paul Le Gay Brereton, AM, RFD

by "Nielsen BookData"

Details

• NCID: BB28323889
• ISBN:
  • 9781509922871
• LCCN: 2019001540
• Country Code: uk
• Title Language Code: eng
• Text Language Code: eng
• Place of Publication: Oxford
• Pages/Volumes: lxi, 346 p.
• Size: 24 cm
• Classification:
  • LCC : K7340.A6
  • DC23 : 340.9
  • DC : 341.59
• Subject Headings:
  • LCSH : Conflict of laws -- Commercial law -- Englist-speaking countries -- Congresses
  • BISACSH : Law -- International
  • BISACSH : Law -- Commercial -- General
• Parent Bibliography ID:
  • BA91531863