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Vol 21 No 10 Oct/Nov 2016

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European Business Litigation

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Abla MayssFaculty of Law, The University of Liverpool, Alan ReedFaculty of Law, University of Leeds

ISBN13: 9781855216877
ISBN: 1855216876
Published: March 2000
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print



European business litigation is a monograph produced as a part of the European law series by Ashgate. This book provides an insight into the legal and policy problems involved in the harmonization process, and the substantive E.U. laws adopted to ameliorate the situation in the field of private international law. The synergistic impact of ECJ decisions on national laws are evaluated, with brief comparisons drawn, where appropriate, with subsisting rules in the US and Australia. The contextual ambit of European initiatives in this field are enunciated, while the authors determine prophylactically the ambit of future commercial initiative in this area.

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Contents:
The Brussels convention on jurisdiction and enforcement of judgements 1968: preliminary issues; the Brussels convention: bases of jurisdiction - special jurisdiction in matters relating to contract under article 5(1) of the Brussels convention; special jurisdiction for tort under article 5(3) of the Brussels convention; a process of Europeanisation; protective jurisdiction under the Brussels convention; prorogation of jurisdiction and Lis Pendens. The Brussels convention: forum non conveniens and negative declarations; the Rome convention 1980; special contracts; protected consumer and employment contracts under the Rome convention; choice of law in tort; recognition and enforcement of foreign judgements at common law; recognition and enforcement of judgements under the Brussels convention; conclusions: the European experience.