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


ISBN13: 9780521687485
New Edition ISBN: 9781107479562
Published: July 2009
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: Out of print



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.

The title will benefit from a companion website, setting out all relevant case law developments for the students.

  • Substantial extracts for leading cases are set out, so students can get an insight into how judges think
  • Also included is other material on jurisdictions, especially the United States
  • Extensive reading list after each chapter
  • Companion website will update material to reflect most recent case law developments

Subjects:
Commercial Law, Conflict of Laws, Courts and Procedure
Contents:
Part I. Starting Off;
1. Introduction
Part II. Jurisdiction;
2. Jurisdiction: an analysis
3. Jurisdiction under EC law: basic principles and structures
4. EC law: special jurisdiction
5. The traditional English rules
6. Developments in Canada
7. US law: an outline
8. Choice of court agreements
9. Forum non conveniens and antisuit injunctions
10. Overlapping jurisdiction in EC law
11. Special topics I
12. Special topics II
Part III. Foreign Judgments;
13. Introduction to Part III
14. EC law
15. English law: jurisdiction
16. English law: defences
17. The Canadian conflicts (judgments) revolution
18. US law: some highlights
Part IV. Procedure;
19. Freezing assets
20. Obtaining evidence abroad: forum procedures
21. Obtaining evidence abroad: international co-operation
Part V. Choice of Law;
22. Introduction to choice of law
23. Torts
24. Contracts: the principle of party autonomy
25. Contracts: legal policy and choice of law
26. Regulating business, protecting employees and helping consumers
27. Foreign currency
28. Property: tangible movables
29. Contractual rights and property interests I
30. Contractual rights and property interests II
31. Contractual rights and property interests III
Part VI. Extraterritoriality;
32. Introduction to extraterritoriality
33. Extraterritorial application of US antitrust law
34. The international response
35. Extraterritorial application of EC competition law.