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Commercial Issues in Private International Law: A Common Law Perspective

Edited by: Michael Douglas, Vivienne Bath, Mary Keyes, Andrew Dickinson

ISBN13: 9781509946198
Published: January 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2019)
Price: £44.99
Hardback edition , ISBN13 9781509922871



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law.

This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law.

Subjects:
Commercial Law, Conflict of Laws
Contents:
1. Commercial Issues in Private International Law
Justice Steven Rares
PART I. JURISDICTION
2. In Absentia: The Evolution and Reform of Australian Rules of Adjudicatory Jurisdiction
Andrew Dickinson
3. The Exercise of Jurisdiction and the Role of Enforcement
Vivienne Bath
4. The Case Management Stay in Private International Law
Reid Mortensen
PART II. FOREIGN JUDGMENTS
5. The 2005 Hague Convention: A Panacea for Non-Exclusive and Asymmetric Jurisdiction Agreements Too?
Brooke Marshall
6. Reciprocal Recognition and Enforcement of Foreign Judgments in China: The Proposal of a Registration System
Jie (Jeanne) Huang
PART III. CHOICE OF LAW
7. Paying Attention to Choice of Law in International Commercial Arbitration – or – Why the Conflict of Laws Always Matters
Benjamin Hayward
8. The Conflict of Laws as a Shared Language for the Cross-Border Application of Statutes
Maria Hook
9. Choice of Law in the Age of Statutes: A Defence of Statutory Interpretation after Valve
Michael Douglas
PART IV. THE DEVELOPING LEGAL LANDSCAPE
10. New and Alternative Approaches to Proof of Foreign Law: A Practitioners' Perspective
Justin Hogan-Doran and Dominique Hogan-Doran
11. The Rise of Party Autonomy in Commercial Conflict of Laws
Yeo Tiong Min
12. Developing Australian Private International Law: The Hague Choice of Court Convention & The Hague Principles of Choice of Law in International Commercial Contracts
Mary Keyes
PART V. CONCLUDING REMARKS
13. Conclusion
Justice Paul Le Gay Brereton, AM, RFD

Series: Studies in Private International Law

Economic Sanctions in EU Private International Law ISBN 9781509953578
Published July 2021
Hart Publishing
£39.99
The Private International Law of Authentic Instruments (eBook) ISBN 9781509907649
Published November 2020
Hart Publishing
£81.00
(ePub)
Buy
The Private International Law of Authentic Instruments ISBN 9781509907632
Published November 2020
Hart Publishing
£90.00
£153.00
(ePub)
Buy
Planning the Future of Cross Border Families: A Path Through Coordination ISBN 9781509919864
Published October 2020
Hart Publishing
£170.00
Private International Law in Nigeria (eBook) ISBN 9781509911141
Published June 2020
Hart Publishing
£99.00
(ePub)
Buy
Private International Law in Nigeria ISBN 9781509911134
Published June 2020
Hart Publishing
£110.00
Place of Performance: A Comparative Analysis (eBook) ISBN 9781509936212
Published May 2020
Hart Publishing
£76.50
(ePub)
Buy
Place of Performance: A Comparative Analysis ISBN 9781509936205
Published May 2020
Hart Publishing
£85.00
Clawback Law in the Context of Succession (eBook) ISBN 9781509932337
Published May 2020
Hart Publishing
£67.50
(ePub)
Buy
Clawback Law in the Context of Succession ISBN 9781509932320
Published May 2020
Hart Publishing
£75.00
£36.00
(ePub)
Buy
£40.00
Economic Sanctions in EU Private International Law ISBN 9781509933518
Published January 2020
Hart Publishing
£80.00
Economic Sanctions in EU Private International Law (eBook) ISBN 9781509933525
Published January 2020
Hart Publishing
£35.99
(ePub)
Buy
Recognition and Enforcement of Judgments in Civil and Commercial Matters
Edited by: Anselmo Reyes
ISBN 9781509924257
Published September 2019
Hart Publishing
£110.00
Recognition and Enforcement of Judgments in Civil and Commercial Matters (eBook)
Edited by: Anselmo Reyes
ISBN 9781509924271
Published September 2019
Hart Publishing
£99.00
(ePub)
Buy
The Choice of Law Contract ISBN 9781509926800
Published January 2019
Hart Publishing
£29.99
Forum (Non) Conveniens in England: Past, Present, and Future (eBook) ISBN 9781509925780
Published December 2018
Hart Publishing
£22.49
(ePub)
Buy
Forum (Non) Conveniens in England: Past, Present, and Future ISBN 9781782256403
Published December 2018
Hart Publishing
£50.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
Published January 2018
Hart Publishing
£36.99
Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
Published November 2017
Hart Publishing
£40.50
(ePub)
Buy
Cross-Border Litigation in Europe ISBN 9781782256762
Published November 2017
Hart Publishing
£95.00
The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509914494
Published October 2017
Special offer (limited stock)
£85.00
Maintenance And Child Support in Private International Law ISBN 9781509915507
Published June 2017
Hart Publishing
£32.99
£25.99
The Choice of Law Contract (eBook) ISBN 9781509901029
Published July 2016
Hart Publishing
£26.99
(ePub)
Buy
The Choice of Law Contract ISBN 9781849467643
Published July 2016
Hart Publishing
£70.00
Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781509909285
Published June 2016
Hart Publishing
£42.99
Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
Hart Publishing
£80.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
Published October 2015
Hart Publishing
£33.29
(ePub)
Buy
Maintenance And Child Support in Private International Law ISBN 9781849467179
Published March 2015
Hart Publishing
£75.00
Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
Published March 2015
Hart Publishing
£29.69
(ePub)
Buy
£23.39
(ePub)
Buy
£65.00
Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781849465731
Published July 2014
Hart Publishing
£100.00
Recovery of Maintenance in the EU and Worldwide (eBook)
Edited by: Paul Beaumont
ISBN 9781782254690
Published July 2014
Hart Publishing
£38.69
(ePub)
Buy
The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
Hart Publishing
£90.00
The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
Published November 2013
Hart Publishing
£81.00
(ePub)
Buy
Child Abduction within the European Union (eBook) ISBN 9781782250838
Published March 2013
Hart Publishing
£67.50
(ePub)
Buy
Child Abduction within the European Union ISBN 9781849463973
Published March 2013
Hart Publishing
£75.00
Intellectual Property and Private International Law: Comparative Perspectives (eBook)
Edited by: Toshiyuki Kono
ISBN 9781847319708
Published June 2012
Hart Publishing
£247.50
(ePub)
Buy
Intellectual Property and Private International Law: Comparative Perspectives
Edited by: Toshiyuki Kono
ISBN 9781849462310
Published June 2012
Hart Publishing
£275.00
The Governing Law of Companies in EU Law ISBN 9781849462969
Published April 2012
Hart Publishing
£75.00
The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
Published April 2012
Hart Publishing
£67.50
(ePub)
Buy
£140.00
£126.00
(ePub)
Buy
Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
Published October 2011
Hart Publishing
£63.00
(ePub)
Buy
Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
Published October 2011
Hart Publishing
£70.00
International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
Published August 2011
Hart Publishing
£75.00
International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
Published August 2011
Hart Publishing
£67.50
(ePub)
Buy
Cases and Materials on EU Private International Law ISBN 9781849460279
Published April 2011
Hart Publishing
£59.99
Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
Published April 2011
Hart Publishing
£53.99
(ePub)
Buy
Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
Published December 2010
Hart Publishing
£95.00
Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
Published April 2010
Hart Publishing
£65.00
Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
Hart Publishing
Out of print