Forum Shopping Despite Unification Of Law

Author : Franco Ferrari
Publisher : BRILL
Page : 464 pages
File Size : 41,8 Mb
Release : 2021-08-16
Category : Law
ISBN : 9789004502925

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Forum Shopping Despite Unification of Law by Franco Ferrari Pdf

According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.

Author : Andrew S. Bell
Publisher : Oxford Private International L
Page : 402 pages
File Size : 44,7 Mb
Release : 2003
Category : Law
ISBN : 0199248184

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Forum Shopping and Venue in Transnational Litigation by Andrew S. Bell Pdf

The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practicaljurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate isinevitable.Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation.It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reason why much transnational litigation settles once the issue of venue is resolved,in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions,most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicialcomity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selectionarrangements.

Author : Franco Ferrari,Aaron D. Simowitz
Publisher : Unknown
Page : 2104 pages
File Size : 54,9 Mb
Release : 2020-04-09
Category : Commercial law
ISBN : 1788970829

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Forum Shopping and International Commercial Law by Franco Ferrari,Aaron D. Simowitz Pdf

Commentators and courts disagree on such fundamental issues as the definition of forum shopping and whether it is an 'unsung virtue' or an untrammelled vice. Disagreements persist on how to deal with 'virtuous' forum shopping or how best to proscribe "evil" forum shopping, if such a distinction can at all be made. The articles reprinted in this three-volume collection illuminate, explore and contest these questions. Volume I analyses the definitions and purposes of forum shopping, the right and duty to practise it and how it relates to private international law. Volume II focuses on the link between forum shopping and uniform substantive law as well as discussing jurisdictional issues and arbitration. Volume III investigates defamation, intellectual property and competition law, as well as examining insolvency proceedings along with treaty shopping. Together with an introduction by the editors, this collection provides a comprehensive overview of the topic and will prove useful to academics, students and practitioners alike.

Author : Sellier European Law Publishers
Publisher : Unknown
Page : 458 pages
File Size : 46,8 Mb
Release : 2013
Category : Electronic
ISBN : 3866539916

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Forum Shopping in the International Commercial Arbitration Context by Sellier European Law Publishers Pdf

Author : Xandra Kramer,Laura Carballo Piñeiro
Publisher : Edward Elgar Publishing
Page : 409 pages
File Size : 49,5 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781800375536

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Research Methods in Private International Law by Xandra Kramer,Laura Carballo Piñeiro Pdf

This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.

Author : Guillaume Laganière
Publisher : Bloomsbury Publishing
Page : 334 pages
File Size : 54,6 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509951161

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Liability for Transboundary Pollution at the Intersection of Public and Private International Law by Guillaume Laganière Pdf

This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.

Author : Anselmo Reyes,Wilson Lui
Publisher : Bloomsbury Publishing
Page : 441 pages
File Size : 41,6 Mb
Release : 2021-08-26
Category : Law
ISBN : 9781509936441

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Direct Jurisdiction by Anselmo Reyes,Wilson Lui Pdf

The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.

Author : Bruno Zeller
Publisher : Routledge
Page : 129 pages
File Size : 41,9 Mb
Release : 2008-03-25
Category : Business & Economics
ISBN : 9781135390556

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CISG and the Unification of International Trade Law by Bruno Zeller Pdf

Pushing the boundaries of domestic and unified laws, this book re-defines unification and harmonization. Critically examining the CISG, Zeller explores where its influence can be extended and considers whether unification is a myth or a reality.

Author : Paul B. Stephan
Publisher : BRILL
Page : 320 pages
File Size : 51,8 Mb
Release : 2024-03-04
Category : Law
ISBN : 9789004696105

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Applying Municipal Law in International Disputes by Paul B. Stephan Pdf

The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead, international law in the modern era engages intensively and extensively in projects that occupy areas traditionally governed by municipal law, such as business regulation as well as the rights and duties of persons. The resulting overlap in legal dominions requires a new conceptualization of the relationship between international and municipal law. This book explores the mechanisms employed to allocate authority to international and municipal law in international disputes. Taking a broader view, this course explores the work of international bodies, domestic courts, and informal dispute resolution, including diplomacy and the use of coercive measures. It identifies the mechanisms used to manage the overlapping dominions of international and municipal law as pooling, referral, and nesting. In the final chapter, the book explores how different opportunities and ambitions for international law can affect the use of these mechanisms in particular international disputes.

Author : William A. Schabas
Publisher : BRILL
Page : 271 pages
File Size : 41,9 Mb
Release : 2022-05-20
Category : Law
ISBN : 9789004521506

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Relationships between International Criminal Law and Other Branches of International Law by William A. Schabas Pdf

This course investigates the relationships between international criminal law and other branches of international law. It begins by examining four issues of general international law: the principal sources of international law, jurisdiction and immunities, State responsibility, and use of force. It then explores internationalhumanitarian law, focusing on definitions of war crimes and difficulties in linking IHL and ICL. Next, it examines refugee law, paying particular attention to the exclusion of war criminals from refugee protection and to international crimes that may be related to the rights and treatment of refugees. The final chapter explores the relationship between ICL and human rights law, examining the position of human rights within the Rome Statute of the ICC, as well as the human rights aspects of genocide, crimes against humanity, various procedural rights relating to fair international trials and the contribution of human rights fact-finding mechanisms.

Author : Rishi Gulati,Thomas John,Ben Köhler
Publisher : Edward Elgar Publishing
Page : 605 pages
File Size : 41,6 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781803924540

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The Elgar Companion to UNCITRAL by Rishi Gulati,Thomas John,Ben Köhler Pdf

As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.

Author : Dire Tladi
Publisher : BRILL
Page : 208 pages
File Size : 41,6 Mb
Release : 2022-05-16
Category : Law
ISBN : 9789004521483

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Extraterritorial Use of Force against Non-State Actors by Dire Tladi Pdf

This study assesses the rules of international law relevant to the use of force against non-State actors. The rules of international law on the use of force are the lynchpin of the project of international law for a more secure and peaceful world. Yet, as important as they are, the rules of international law on the use of force are also highly contentious. With the shift in the nature of conflicts from inter-State wars to conflicts involving non-State actors, and with the growth in the threat of global terrorism, the focus of the law on the use of force has shifted to the use of force against non-State actors. To assess the permissibility of the use of force against non-State actors, this study will focus on two grounds that have been advanced as bases for the extraterritorial use of force against non-State actors: the right of a State to act in self-defence and intervention by invitation. While there are other grounds that have been advanced for the extraterritorial use of force in international law, it is only in respect of these two grounds that the role of non-State actors has a significant influence on the legality or not of the use of force.

Author : Jürgen Basedow
Publisher : BRILL
Page : 662 pages
File Size : 44,8 Mb
Release : 2015-06-16
Category : Law
ISBN : 9789004296800

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The Law of Open Societies by Jürgen Basedow Pdf

This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.

Author : Ulrich Magnus
Publisher : Walter de Gruyter
Page : 248 pages
File Size : 54,6 Mb
Release : 2012-08-31
Category : Law
ISBN : 9783866539662

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CISG vs. Regional Sales Law Unification by Ulrich Magnus Pdf

In October 2011, the European Commission introduced its Proposal for a Regulation on a Common European Sales Law (CESL) which covers inter alia international business sales – a subject already regulated by the Convention of International Sale of Goods (CISG) which was ratified by 78 member states. How does this new Proposal fit the existing uniform sales law? How have other regions of the world managed the coexistence of global and regional sales law unification? What can Europe learn from the U.S. experience concerning the CISG and the Uniform Commercial Code? What can we learn from the African OHADA which made CISG more or less the internal law of 17 African states, what from Australia where CISG and common law exist alongside? All these questions are intensely discussed in this highly recommendable book written by renowned authors like Larry DiMatteo, Harry Flechtner, Franco Ferrari, Robert Koch, Ulrich Magnus and Bruno Zeller.

Author : R. Wolfrum
Publisher : BRILL
Page : 688 pages
File Size : 48,8 Mb
Release : 2021-12-28
Category : Law
ISBN : 9789004508330

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Solidarity and Community Interests by R. Wolfrum Pdf

Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.