By Richard Fentiman

The legal framework of cross-border commercial disputes is important and complex in practice, but it is increasingly difficult to discern the subjects structure and assumptions.

Description

• Definitive yet accessible account which presents the principles and current state of the law in a single volume
• Combines a practical approach with an examination of underlying principles
• Takes a problem-led approach, thus directly addressing practical matters of importance to practitioners
• Forward-looking in suggesting solutions to novel and emerging problems

The legal framework of cross-border commercial disputes is important and complex in practice, but it is increasingly difficult to discern the subjects structure and assumptions. This book is a definitive account of the law and practice of international commercial disputes in the English courts, which summarises the present state of the law, and articulates its underlying principles. It is intended to be accessible to non-specialist practitioners.

The book offers an account of the subject which is comprehensive, yet also concise and highly focused, designed to reflect the perceptions and concerns of practitioners. A feature of the book is its emphasis on evolving areas of practice, and issues of difficulty. Such topics as the developing law of cross-border injunctions, and the relationship between national and community law are extensively explored. Where the law is uncertain or controversial, the rival arguments are examined and assessed. The emphasis is on the solution of current (or future) problems, in addition to explaining contested issues. It is as much concerned with the impact of litigation on cross-border transactions - including prospective planning and risk-avoidance - as it is with dispute resolution. It examines the scope of party choice, and the legal risks associated with cross-border business. Consideration is given as to how these risks might be avoided or reduced by planning or agreement, by adopting particular business structures, or by opting for alternative forms of dispute resolution.

Readership:

Commercial law practitioners, particularly those with a cross-border practice; academics and scholars of the conflict of laws; postgraduate/advanced students of the subject; legal reference libraries.

Contents

PART I: ELEMENTS OF INTERNATIONAL COMMERCIAL LITIGATION
1. The Theory and Practice of International Commercial Litigation

2. Pervasive Topics in International Commercial Litigation

3. Reducing Litigation Risk

PART II: THE APPROPRIATE FORUM
4. The Framework of Civil Jurisdiction

5. Grounds of Jurisdiction

6. Declining Jurisdiction at Common Law

7. Declining Jurisdiction Under Regulation 44/2001

8. Effective Jurisdiction Agreements

9. Antisuit Injunctions

PART III: EFFECTIVE REMEDIES
10. The Availability and Extent of Remedies in English Courts

11. The Foreign Element in English Judgments

12. Effective Foreign Judgments

13. The Preservation and Disclosure of Assets

PART IV: EVIDENCE IN INTERNATIONAL COMMERCIAL LITIGATION
14. Personal and Documentary Evidence

15. Proving Foreign Law

PART V: THE APPLICABLE LAW
16. Elements of Choice of Law

17. The Law Governing Contractual Obligations

18. The Law Governing Non-Contractual Obligations

19. The Law Governing Property Transactions

20. Reducing Transaction Risk

Authors, editors, and contributors

Richard Fentiman, Reader in Private International Law, Queens College, Cambridge

Published Year: 2009 Format: Hard Back ISBN: 978-0-19-926543-5 Publisher: Oxford University Press No of Pages: 575 Our Price: £ 145.00 Reviews: 0 reivew(s).

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