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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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International Jurisdiction and Commercial Litigation: Uniform Rules for Contract Disputes

ISBN13: 9789067043038
Published: June 2009
Publisher: T.M.C. Asser Press
Country of Publication: UK
Format: Hardback
Price: £95.00

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This exploration of the basic approaches to international jurisdiction in commercial contractual disputes contains a comprehensive analysis of jurisdictional regimes of major continental European countries, England, the United States and the Brussels Regulation 44/2001.

It includes an exhaustive comparative study of each rule establishing jurisdiction over disputes arising from transnational commercial contracts entered into between private entities and/or corporations. The analysis includes key issues such as defendant’s forum, corporate domicile, contract jurisdiction, branch jurisdiction, transacting and doing business, and describes the importance of U.S. due process standards, fair trial considerations and the forum (non) conveniens doctrines.

It further explores whether any common grounds in international jurisdiction rules exist and assesses the feasibility of a uniform global system for international contractual disputes also in relation to the previous work of The Hague Conference of Private International Law on a worldwide jurisdiction convention.

  • Analysis and comparison of international jurisdiction rules assist practitioners in finding a competent court in international contractual disputes in continental Europe, England and the United States
  • Provides thorough analysis of the different approaches to international jurisdiction in commercial matters and their practical implications such as forum shopping
  • Gives a complete overview of initiatives of international institutions for unification of international jurisdiction, outlining how uniform rules should be developed over international contractual disputes in the future

Conflict of Laws
1. Introduction; 2. Uniform jurisdiction rules in Europe: the Brussels Regulation; 3. National jurisdiction rules in continental Europe; 4. The traditional common law rules of England; 5. The jurisdictional scheme of the United States; 6. Comparison as to jurisdiction based on the connection between the forum and the parties; 7. Correction mechanisms; 8. Fundamental differences and contrasting approaches to international jurisdiction; 9. Assessment and conclusions.