International Commercial Litigation: Text, Cases and Materials on Private International Law

by Trevor C. Hartley

• ISBN13: 9780521687485
• ISBN10: 0521687489
• Edition: 1st
• Format: Paperback
• Copyright: 2009-07-31
• Publisher: Cambridge University Press

Summary

This carefully structured, practice-orientated textbook provides everything the law student needs to know about international commercial litigation. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into litigation in English courts. Three important themes of the book analyse how the international element may call into question the power of the court to hear the case, whether it should exercise this power, whether foreign law applies, and whether the court should take into account any foreign judgement. Hartley provides the reader with extracts from leading cases and relevant legislation, together with an extensive reference library of further reading for those who wish to explore the topic in more detail, making this a valuable, single-source textbook.

Table of Contents

International Law

Starting Off

Introduction

Jurisdiction

Jurisdiction: an analysis

Jurisdiction under EC law: basic principles and structures

EC law: special jurisdiction

The traditional English rules

Developments in Canada

US law an outline

Choice-of-court agreements

Forum non conveniens and antisuit injunctions

Overlapping jurisdiction in EC law

Special topics I

Special topics II

Foreign Judgments

Introduction to

EC law

English law jurisdiction

English law defences

The Canadian conflicts (judgments) revolution

US law some highlights

Procedure

Freezing assets

Obtaining evidence abroad forum procedures

Obtaining evidence abroad international co-operation

Choice of Law

Introduction to choice of law

Torts

Contracts the principle of party autonomy

Contracts legal policy and choice of law

Regulating business, protecting employees and helping consumers

Foreign currency

Property tangible movables

Contractual rights and property interests I

Contractual rights and property interests II

Contractual rights and property interests III

Extraterritoriality

Introduction to extraterritoriality

Extraterritorial application of US antitrust law

The international response

Extraterritorial application of EC competition law

Table of Contents provided by Publisher. All Rights Reserved.