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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Private International Law in Commonwealth Africa

ISBN13: 9781316500675
Published: November 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £29.99
Hardback edition , ISBN13 9780521199698

Low stock.

This book provides a comprehensive and comparative examination of private international law in Commonwealth Africa.

It offers an unrivalled breadth of coverage in its examination of the law in Botswana, the Gambia, Ghana, Kenya, Lesotho, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. The book is clearly and logically structured - it is organised around broad themes or issues, with country reports and accompanied by detailed commentaries.

Drawing on nearly 1500 cases decided by courts in these countries and numerous national statutes, this book covers the four cornerstones of private international law: jurisdiction, choice of law, foreign judgements and arbitral awards enforcement, and international civil procedure. The author also provides an extensive bibliography of the literature on African private international law.

Scholars and practitioners alike will find Private International Law in Commonwealth Africa invaluable and illuminating.

Conflict of Laws, Other Jurisdictions , Africa

Part I. Preliminary Matters:
1. Conceptual issues in choice of law
2. Foreign law
3. Domicile

Part II. Jurisdiction:
4. Bases of jurisdiction
5. Forum non conveniens, lis alibi pendens and forum selection
6. Limitations on jurisdiction

Part III. Obligations:
7. Contract
8. Torts
9. Foreign currency obligations
10. Bills of exchange

Part IV. Family law:
11. Marriage
12. Bills of exchange
13. Children

Part V. Property, succession and administration of estates:
14. Property
15. Succession

Part VI. Foreign Judgements and Arbitration Awards:
16. Administration of estates
17. The common law regime for enforcing foreign judgements
18. The statutory regimes for enforcing foreign judgements
19. Recognition and enforcement of foreign arbitration awards

Part VII. International Civil Procedure:
20. Remedies in support of or against foreign judicial and arbitral proceedings
21. International judicial assistance
22. Security for costs.