Commercial Issues In Private International Law

Author : Anonim
Publisher : Unknown
Page : 408 pages
File Size : 54,5 Mb
Release : 2019
Category : Electronic
ISBN : 1509922903

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Commercial Issues in Private International Law by Anonim Pdf

"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."--Bloomsbury Publishing.

Author : Dr. Maria Kaurakova
Publisher : Spiramus Press Ltd
Page : 168 pages
File Size : 47,6 Mb
Release : 2017-11-10
Category : Law
ISBN : 9781910151679

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Private International Law of Corporations by Dr. Maria Kaurakova Pdf

This book is about the theory of corporations as subjects of private international law. It aims to show the true extent and depth of legal and jurisdictional problems that states commonly face now, dealing with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction. This work rests on the idea that in the united but diverse and contradictory world founded upon eternal laws, law should be characterized by the same qualities. The main end of private international law should be to support these qualities of the world and law bringing order to it. This book is a manual for jurists, practitioners of law and academics, who need research covering specific legal and jurisdictional issues in a corporate sphere and probes the issue of the place of private international law of corporations in national systems of law, when viewed through institutional, scientific, practical, strategic and economic dimensions. This book examines the issues concerned with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction resting on the idea of distinct public policy with inherent public interest. It provides a careful study of institutional, scientific, practical, strategic and economic aspects of private international law of corporations as it was, is and ought to be. This is to show what was done, what we have at present and what needs to be done in this specific area in a manner suggesting a simple and concise reasoning within the confines of scientific, systematic and historical treatment of the issue in study.

Author : Michael Douglas,Vivienne Bath,Mary Keyes,Andrew Dickinson
Publisher : Bloomsbury Publishing
Page : 408 pages
File Size : 54,5 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781509922895

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Commercial Issues in Private International Law by Michael Douglas,Vivienne Bath,Mary Keyes,Andrew Dickinson Pdf

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.

Author : Franco Ferrari,Diego P. Fernández Arroyo
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 55,5 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781789906905

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Private International Law by Franco Ferrari,Diego P. Fernández Arroyo Pdf

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

Author : Trevor C. Hartley
Publisher : Cambridge University Press
Page : 963 pages
File Size : 45,7 Mb
Release : 2009-07-09
Category : Business & Economics
ISBN : 9780521868075

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International Commercial Litigation by Trevor C. Hartley Pdf

This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.

Author : John Mo
Publisher : Unknown
Page : 128 pages
File Size : 50,8 Mb
Release : 2015
Category : Commercial law
ISBN : 0409341576

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International Commercial Law by John Mo Pdf

Author : Jean-Sylvestre Bergé,Stéphanie Francq,Miguel Gardenes Santiago
Publisher : Primento
Page : 745 pages
File Size : 54,7 Mb
Release : 2015-04-22
Category : Law
ISBN : 9782802751649

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Boundaries of European Private International Law by Jean-Sylvestre Bergé,Stéphanie Francq,Miguel Gardenes Santiago Pdf

European private international law is by now based mainly on a large body of uniform rules such as the Regulations Rome I, Rome II, Brussels I, Brussels I bis. This significant legislative output, however, does not take place in a vacuum. Rules of private international law have been earlier (and still are) adopted at national, international and even European level in scattered regulations and directives. The recent plethora of private international law rules gives rise to issues of delineation and calls for some sort of ordering as gaps, overlaps and contradictions become flagrant. At the same time, the resulting interactions can offer new insight, ideas and even opportunities at a more theoretical level. This book gathers a collection of essays resulting out of a series of international seminars held in Lyon, Barcelona and Louvain-la-Neuve. During those seminars, young researchers selected in an open call for papers had the opportunity to discuss their views among themselves as well as with various specialists of the field, such as more senior academics, EU civil servants, national experts and representatives of other international organisations. The book offers the fresh views of those who will in the future shape the dialectic between the various sources of private international law and attempts to launch a discussion on the “living together” of legal sources. Two ranges of topics are addressed in the book: - firstly, the relationship between EU private international law and national law (substantial and procedural) and/or international law (international instruments of private international law or of uniform substantive law); and - secondly, the relationship between EU private international law and other aspects of EU law (internal market rules of primary law, harmonisation through secondary law and other pieces of legislation enacted in the realm of the area of freedom, security and justice).

Author : Petar Sarcevic,Paul Volken
Publisher : sellier. european law publ.
Page : 429 pages
File Size : 46,5 Mb
Release : 2004-06-30
Category : Conflict of laws
ISBN : 9783935808453

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Yearbook of Private International Law by Petar Sarcevic,Paul Volken Pdf

From 2005 on the Yearbook of Private International Law is published by S.ELP in cooperation with the Swiss Institute of Comparative Law. This English-language annual publication provides analysis and information on private international law developments world-wide. The Editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners.

Author : Peter Hay
Publisher : Edward Elgar Publishing
Page : 160 pages
File Size : 54,5 Mb
Release : 2018-06-29
Category : Law
ISBN : 9781786436795

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Advanced Introduction to Private International Law and Procedure by Peter Hay Pdf

Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? Advanced Introduction to Private International Law and Procedure addresses these questions through a comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union.

Author : Catherine Kessedjian,Humberto Cantú Rivera
Publisher : Springer Nature
Page : 697 pages
File Size : 48,8 Mb
Release : 2020-03-06
Category : Law
ISBN : 9783030351878

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Private International Law Aspects of Corporate Social Responsibility by Catherine Kessedjian,Humberto Cantú Rivera Pdf

This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

Author : Dan Jerker B. Svantesson
Publisher : Kluwer Law International B.V.
Page : 760 pages
File Size : 54,8 Mb
Release : 2021-08-05
Category : Law
ISBN : 9789403511139

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Private International Law and the Internet by Dan Jerker B. Svantesson Pdf

In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five fundamental questions: When should a lawsuit be entertained by the courts? Which state’s law should be applied? When should a court that can entertain a lawsuit decline to do so? How wide ‘scope of jurisdiction’ should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another? Professor Svantesson identifies and investigates twelve characteristics of Internet communication that are relevant to these questions and then proceeds with a detailed discussion of what is required of modern private international law rules. Focus is placed on several issues that have far-reaching practical consequences in the Internet context, including the following: cross-border defamation; cross-border business contracts; cross-border consumer contracts; and cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of jurisdictions, including Australia, England, Hong Kong SAR, the United States, Germany, Sweden, and China, as well as in a range of international instruments. There is also a chapter on advances in geo-identification technologies and their special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts, as well as a set of practical checklists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson’s book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this complex and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable private international law rules for communication via the Internet.

Author : Veronica Ruiz Abou-Nigm
Publisher : Edinburgh University Press
Page : 416 pages
File Size : 41,9 Mb
Release : 2019-08-21
Category : Law
ISBN : 9781474447874

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Diversity and Integration in Private International Law by Veronica Ruiz Abou-Nigm Pdf

Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.

Author : Keang Sood Teo,National University of Singapore. Faculty of Law
Publisher : Faculty of Law National University of Singapore
Page : 668 pages
File Size : 43,6 Mb
Release : 1997
Category : Business & Economics
ISBN : STANFORD:36105060708794

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Current Legal Issues in International Commercial Litigation by Keang Sood Teo,National University of Singapore. Faculty of Law Pdf

Author : Clive Maximilian Schmitthoff
Publisher : BRILL
Page : 864 pages
File Size : 44,5 Mb
Release : 1988-01-01
Category : Law
ISBN : 9024737028

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Clive M. Schmitthoff's Select Essays on International Trade Law by Clive Maximilian Schmitthoff Pdf

Author : Sheerin Kalia
Publisher : Unknown
Page : 439 pages
File Size : 49,7 Mb
Release : 2010
Category : Commercial law
ISBN : 043346612X

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International Business Law for Canadians by Sheerin Kalia Pdf