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Combining analysis of the EU's moves towards harmonization of civil procedure and execution of judgments with a comparative survey of existing arrangements for enforcement in representative European jurisdictions (England, Germany, France, Sweden, Spain), this book will be of interest both to academics and to litigation specialists in practice.

This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.

This book provides a comprehensive and thorough analysis of the legal framework for the treatment of international negotiable instruments. It considers the approach within and across major legal systems and pinpoints the key distinctions for the application of choice of law rules.

This book examines sovereign debt litigation before the English and New York courts. The book sets out parties' litigation choices at various stages of proceedings and provides the legal background against which parties to a sovereign bond may wish to negotiate. It provides timely clarity and critical analysis of a growing area of law.

This book identifies the difficulties that result from resolving conflicts of laws through unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 Rome Convention rule as the ideal basis for law reform in this area.

The first text to tackle comprehensively the interaction of human rights with private international law, written by leading experts in both fields, Human Rights and Private International Law provides an essential resource for practitioners and academics in the area.

Focusing on the impact of the freedom of establishment on private international law for corporations and insolvency, this book explores the fate of the real seat theory, the doctrine of abuse, and addresses the important questions of regulatory competition and 'forum shopping' for incorporations and insolvencies in the EU.

An exposition of English and Scottish rules of choice of law in inter vivos transfers of property. This book traces the development of the lex situs rule, its application to inter vivos dealings with immovable property, tangible and intangible movable property. The author offers two alternative models of suggested choice of law rules in property.

This is the first book to consider choice-of-court agreements in light of all European and international instruments: the 2005 Hague Convention, the Brussels 1 Regulation (both the 2000 and 2012 versions), and the Lugano Convention of 2007. It benefits from thematic organisation according to principal questions and carefully chosen appendices.

How foreign law is established, and whether it must be established at all, are central issues in private international law. This book examines the topic from the perspective of English law and offers a reappraisal of the subject. Fentiman argues that the law is both more complex, and more defensible, than had previously been supposed.

This work addresses the issue of declining jurisdiction in private international law. It contains 17 national reports and the general report of the subject of 'Rules for declining to exercise jurisdiction', which were written for the XIVth Congress of the International Academy of Comparative Law held in Athens/Delphi.

This book re-examines the doctrines of res judicata and abuse of process when applied to foreign judgments, and analyses how they are relied upon in English proceedings. The book explains the four main pleas to which a foreign res judicata might give rise in subsequent proceedings in England.

This book provides an in-depth study of the conditions for, motivations behind and techniques of forum shopping as well as possible defences against it. It will be of interest to practitioners, judges and academics throughout the common law world, the European Union and the United States.

This book analyses the law and practice relating to the classification, drafting, validity and enforcement of contractual clauses relating to jurisdiction, choice of law, arbitration and other types of dispute resolution.

Examines the problems of choice of law where transactions cross borders and involve shares or other securities of different nationalities. This book considers dealings in securities under the traditional direct holding system and under the modern system of holding through intermediaries.

This fully revised and updated second edition provides a distinct analysis and evaluation of the Hague Convention on Child Abduction as a global remedy for international child abductions, as well as the most comprehensive and authoritative examination of the core provisions that give rise to problems of interpretation and application in practice.

This work examines the question of which country's law should be applied to determine what a contract means and to establish each party's contractual obligations. The book focuses on the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe.

This book provides analysis for company lawyers, including discussion of the freedom of establishment and focusing upon the key issue of determining where a corporation has its 'seat' for legal purposes. A survey is given of current EC law and of private international law developments in Holland, England, Switzerland, Germany, France and Italy.

This book analyses the relevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions. The fate of awards annulled in their state of origin, 'stateless' awards, and the procedural regime of arbitrations involving sovereign states are all covered.

This book provides a valuable guide to the complex area of law for practitioners advising clients who wish to bring, or are being threatened with, a claim for contribution or reimbursement in an international context.

This work provides an analysis of how foreign law should be pleaded and dealt with in the litigation process of another country. The book compares how issues are handled in different national systems, with particular focus upon civil litigation rules in the US, UK, France, Germany, the Netherlands, and Belgium.

This updating supplement brings the Main Work up to date and incorporates substantive developments since publication of the book. It is an essential purchase for all who already own the Main Work, and maintains its currency.

Examines the distinction between substance and procedure questions in private international law to analyse which is appropriate, providing detailed analysis of the decisional law in which the substance-procedure distinction has been employed.

Deals with the legal questions relating to the applicable law that arise in cross-border litigation when litigants invoke the principles of English equity or analogous doctrines from other jurisdictions. This book analyzes the various different ways in which equitable doctrines can be characterised.

This book provides an analysis of the legal regimes regulating the resolution of disputes arising out of non-domestic consumer contracts (for example, contracts concluded between a consumer from one country and a supplier from another country).

This book examines both the theory and practice of the conflict of laws within the UK, focusing on the increasing significance of the impact of EU legislation, and the effect of the UK's changing constitutional arrangements.

This study analyzes to what extent the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules create an adequate framework for consolidation of cross-border disputes in one single action.

A critical examination of the private international law framework in the European Union as it applies to online activities such as publishing content on websites, blogs, or social media platforms, and advertising goods and services.