Subjects:

Conflict of Laws

Contents:

Part 1 Introduction. Background: localization, characterization, substance and procedure

some cognate matters - limitation, evidence

classifications of relief

scope and perspective of a book on conflicts relief

comparative law dimensions

structure and composition of the book. Part 2 Remedialist theory and policy - exploring single bright line logic. Forum policy: the ultimate local form and the transnational context. Forum policy: procedural justiciability in the conflict of laws - the remedial dimensions

convenience (as practicability) in remedial adjudication

rational or judicial justice

efficience - minimizing procedural conflicts

legal mandation, public policy, state interest. Applicable remedial law: where are we now?

Barings - a case study

the facts and the contentions

the issues - ""proper law"", ""remedy""

the decision and its consequences and implications

a(n interim) conclusion - the problem. Enforcing non-""self-executing"" remedies: enforcement, execution

the role of the lex fori

territory and res judicata. Objective localization: Barings resumed - remedies and the centre of gravity

conclusion. Part 3 particular relief in personam. Compensatory damages and other money awards in personam: preliminary

compensatory damages

restitutionary (or disgorgement) damages

equitable damages

nominal and contemptuous damages

aggravated damages

exemplary or punitive damages

damages under European Union law

an addendum - A.G. v. Blake. Injunctions and interim relief: essence and variety of injunctive relief

interlocutory injunctions

antisuit injunctions

freezing orders (the Mareva jurisdiction)

staying forum actions and the declination of jurisdiction

further interim orders

final injunctions. Remedial performance of contracts: specific performance in domestic, conflicts and comparative law

availability of and scope for specific performance in conflicts cases

the relevant principles from jurisdiction

the procedural aspects - the action for specific performance

comparativist perspectives

a recapitulation

other performance relief - judicial enforcement of contractually stipulated remedies

conclusion. Remedial restitution: forum perspectives on localizing restitution

formal aspects of restitutionary recovery

personal restitutionary remedies

restitution of money had and received and of money paid

restitution by a quantum meruit or a quantum valebat - reasonable recompense

restitution by an account of profits

rescission of voidable contracts

proprietary restitutionary remedies

tracing orders - legal and equitable

subrogation

judicial imposition of a constructive trust or of a lien

conclusion. Part 4 Relief in rem. Remedial declarations and relief in rem: jurisdictional and other factors of general application

interpretations of European Union law

the construction of legal instruments

family law and status cases

negative declarations

a note about other relief in rem. Part 5 Envoi. Remedies and localism.

The practical and theoretical policy underpinning the use of judicial remedies on private international law are now assuming great importance within the framework of increasing cross-border litigation. This book is designed to treat these remedies in an analytical and systematic fashion.;The forms of relief available, interlocutory and final, have developed into a category of their own, with distinctive principles and considerations. Arising out of a blend of international conventions, national legislation and the jurisprudence of the courts, the remedies have developed their own character quite distinct from the remedies available in national courts under domestic law.;Divided into ten chapters, the book provides an analysis of each remedy in theoretical and policy terms, and a practical discussion of the remedies in personam and in rem. Written primarily from the perspective of English law the text also makes use of plentiful comparative examples and will be useful to academics and practitioners alike.