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Vol 21 No 11 Nov/Dec 2016

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Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments


ISBN13: 9789004268104
Published: April 2014
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Paperback
Price: £16.00



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Private international law is normally discussed in terms of rules applied in litigation involving parties from more than one State.

Those same rules are fundamentally important, however, to those who plan crossborder commercial transactions with a desire to avoid having a dispute arise - or at least to place a party in the best position possible if a dispute does arise.

This makes rules regarding jurisdiction, applicable law, and the recognition and enforcement of judgments vitally important to contract negotiations. It also makes the consideration of transactional interests important when developing new rules of private international law. These lectures examine rules of jurisdiction and rules of recognition and enforcement of judgments in the United States and the European Union, considering their similarities, their differences, and how they affect the transaction planning process.

Subjects:
Conflict of Laws
Contents:
Chapter I. Transaction Planning and Private International Law
Chapter II. Understanding Rules of Adjudicatory Jurisdiction across Legal Systems
Chapter III. Understanding Legal System Differences in Rules on the Recognition and Enforcement of Foreign Judgments
Chapter IV. Party Autonomy and Transaction Planning
Chapter V. Consumer Protection and Private International Law
Chapter VI. Revisiting Jurisdictional Issues: Tort Jurisdiction and Transaction Planning
Chapter VII. Drafting Effective Choice of Forum Agreements About the Author
Biographical Note
Principal Publications.