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Employment Contracts In Private International Law 2nd ed (eBook)


ISBN13: 9780192604156
Published: April 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £118.99
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With employment contracts increasingly involving international elements, cases involving any international aspect require the application of rules of private international law to determine which court or tribunal can hear the case, and what law will be applied to determine the dispute. The Rome I and Rome II Regulations, and the Brussels I Regulation (BIR) all contain special regimes of rules for employment contracts, which have remained applicable in the UK following Brexit. This new edition includes an updated treatment of both the Rome Regulations, and a detailed chapter analysing the rules contained in the BIR recast, which replaced the Brussels I Regulation in 2015.

Employment Contracts in Private International Law offers an exposition of the substantive law background, covering the jurisdictional and the choice of law rules to identify commonality and overlaps, and explore their rationale in order to provide a better understanding of each. It deals with the common law rules on jurisdiction, and emphasises how those rules are likely to apply in an employment context. The scope of the book includes coverage of the difficult overlapping provisions which apply to posted workers, as well as other claims which might arise out of the employment relationship such as claims in tort or for breach of statutory duty.

Chapters tackle topics including the meaning of employment in national law and private international law; private international law issues involving international employment contracts; jurisdiction under the BIR and substantive changes following the recast; national jurisdiction rules; choice of law, mandatory rules particularly focusing on territorial scope; posted workers; and cross-border enforcement of restrictive covenants. Problematic areas of private international law - such as the difficult-to-negotiate role of tort law and its interaction with contract - are given special attention, and restrictive covenants are also addressed in a dedicated chapter. Each chapter is also usefully concluded in sections which summarise the analysis and scope of the coverage.

The UK's withdrawal from the EU saw this country's legal system cease judicial co-operation with Member States in jurisdiction and the recognition of judgments. While the Brexit transition has been smoother for applicable law, with both the Rome I and Rome II Regulations being carried across into the body of 'retained EU law', and provisions relating to individual employment contracts being imported from the BIR recast into national law, the jurisdictional landscape for employees looks very different now. Employment Contracts in Private International Law is a timely new edition in view of the twin challenges of the post-Brexit legal landscape, and the rapid evolution of our understanding of the workplace as a result of technological advances and the COVID-19 pandemic.

New to this Edition:

  • Provides an updated analysis of both the Rome Regulations and the significant body of case law on the overriding mandatory effect of the Employment Rights Act 1996, the Equality Act 2010 and other employment statutes.
  • Examines the large volume of new case law since the first edition, with over 50 cases considering territorial scope: including Ravat v Halliburton; Bates van Winklehof v Clyde & Co; British Council v Jeffrey; Foreign and Commonwealth Office v Bamieh; as well as a large number of EAT decisions.
  • Assesses relevant developments in substantive employment law, including the Supreme Court's important decision in Uber BV v Aslam, examining the conception of a 'worker' within the 'gig economy'

Subjects:
Conflict of Laws, Employment Law, eBooks
Contents:
1:Introduction
2:Employment in National Law
3:The Meaning of Employment from a Private International Law Perspective
4:Jursidiction under the Brussels I Regulation Recast
5:National Jurisdiction Rules in Employment Cases
6:Choice of Law
7:Mandatory Rules in Employment Cases
8:The Territorial Scope of English Employment Legislation
9:The Cross-border Enforcement of Restrictive Covenants
10:Conclusions

Series: Oxford Private International Law

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The Hague Convention on International Child Abduction 2nd ed ISBN 9780199590346
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Singapore Private International Law: Commercial Issues and Practice ISBN 9780198837596
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Choice of Law in International Commercial Contracts ISBN 9780198840107
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Choice of Law in International Commercial Contracts (eBook) ISBN 9780192576415
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International Negotiable Instruments ISBN 9780198828686
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Private International Law Online: Internet Regulation and Civil Liability in the EU ISBN 9780198865261
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The Anti-Suit Injunction 2nd ed ISBN 9780198778936
Published September 2019
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£265.00
Sovereign Defaults Before Domestic Courts ISBN 9780198807230
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£112.50
Sovereign Defaults Before Domestic Courts (eBook) ISBN 9780192534057
Published January 2018
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£52.49
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Conflict of Laws and Arbitral Discretion: The Closest Connection Test ISBN 9780198787440
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£132.50
Conflict of Laws and Arbitral Discretion: The Closest Connection Test (eBook) ISBN 9780191091339
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Human Rights and Private International Law ISBN 9780199666409
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£302.50
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Freedom of Establishment and Private International Law for Corporations ISBN 9780199698042
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£207.50
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Substance and Procedure in Private International Law (eBook) ISBN 9780191629365
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£95.89
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Substance and Procedure in Private International Law ISBN 9780199532797
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Employment Contracts In Private International Law (eBook) ISBN 9780191632075
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Oxford University Press
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Employment Contracts In Private International Law ISBN 9780199591046
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The Arrest of Ships in Private International Law ISBN 9780199581351
Published November 2011
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£197.50
Intellectual Property and Private International Law 2nd ed ISBN 9780199556588
Published February 2011
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The Anti-Suit Injunction Updating Supplement ISBN 9780199588473
Published November 2010
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Cross-Border Divorce Law: Brussels II Bis ISBN 9780199581191
Published October 2010
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£227.50
Cross-Border Consumer Contracts ISBN 9780199276547
Published September 2008
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£240.00
Agreements on Jurisdiction and Choice of Law ISBN 9780199282302
Published March 2008
Oxford University Press
£390.00
Civil Jurisdiction Rules of the EU and their Impact on Third States ISBN 9780199228577
Published January 2008
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£162.50
Conflict of Laws Within the UK ISBN 9780199202454
Published October 2007
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£225.00
Insolvency in Private International Law 2nd ed with 1st Supplement ISBN 9780199214952
Published March 2007
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£395.00 - Unavailable at Publisher
Insolvency in Private International Law: 1st Supplement to 2nd ed ISBN 9780199288731
Published March 2007
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£47.49
The Transfer of Property in the Conflict of Laws ISBN 9780199271474
Published October 2005
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£197.50
International Sale of Goods in the Conflict of Laws ISBN 9780199244690
Published January 2005
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£450.00
Choice of Law for Equitable Doctrines ISBN 9780199274925
Published September 2004
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£230.00
Procedural Law in International Arbitration ISBN 9780199249480
Published March 2004
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£230.00
Foreign Law in Civil Litigation: A Comparative and Functional Analysis ISBN 9780199264766
Published January 2004
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£275.00
Forum Shopping and Venue in Transnational Litigation ISBN 9780199248186
Published June 2003
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£217.50
Shares and Other Securities in the Conflict of Laws ISBN 9780199256136
Published March 2003
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£240.00
Cross-border Enforcement of Patent Rights ISBN 9780199249695
Published September 2002
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£210.00
Res Judicata, Estoppel and Foreign Judgments ISBN 9780199243396
Published March 2002
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£192.50
Corporations in Private International Law ISBN 9780198299257
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£227.50
Enforcement of Judgments in Europe
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Published September 2001
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Claims for Contribution and Reimbursement in an International Context ISBN 9780198268963
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The Hague Convention on International Child Abduction ISBN 9780198260646
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Autonomy in International Contracts ISBN 9780198262701
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Foreign Law in English Courts: Pleading, Proof and Choice of Law ISBN 9780198258780
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Declining Jurisdiction in Private International Law ISBN 9780198259596
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