Which Law Which Forum

Author : Ronald A. Brand,Scott R. Jablonski
Publisher : Oxford University Press
Page : 358 pages
File Size : 50,7 Mb
Release : 2007-07-27
Category : Law
ISBN : 9780199745081

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Forum Non Conveniens by Ronald A. Brand,Scott R. Jablonski Pdf

With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.

Author : Franco Ferrari
Publisher : BRILL
Page : 464 pages
File Size : 43,6 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 : Michael Bogdan
Publisher : Martinus Nijhoff Publishers
Page : 360 pages
File Size : 45,9 Mb
Release : 2012-01-01
Category : Law
ISBN : 9789004226357

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Private International Law as Component of the Law of the Forum by Michael Bogdan Pdf

Also available as an e-book In spite of the undoubtedly great and rising importance of the international legislative co-operation regarding private international law, it must be remembered that no successful unification or harmonization of conflict rules has ever taken place on the universal level, and that the conflict rules stemming from international legislative co-operation between a limited number of countries give rise to the same problems as non-harmonized rules, whenever they have to be used in relation to countries not participating in the legislative co-operation in question. This book will therefore focus on the last-mentioned problems and refrain from dealing with the particular issues arising from international legislative co-operation in the field of private international law. One of the principal aims of Michael Bogdan is to demonstrate the relationship between the national rules of private international law and the rest of the legal system of the forum country, in the first place its substantive private law and its law of civil procedure, as well as to illustrate the impact of the forum country’s general ethical and other values on its private international law.

Author : Peter Edward Nygh
Publisher : Kluwer Law International
Page : 40 pages
File Size : 54,8 Mb
Release : 1997
Category : Law
ISBN : STANFORD:36105061973454

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Choice of Forum and Laws in International Commercial Arbitration by Peter Edward Nygh Pdf

International commercial arbitration raises issues other than the choice of the law applicable to the principal contract. Autonomy may have a wider meaning, extending beyond the choice of applicable law to the choice of arbitration itself, and of the place or places where it is to be conducted. Nor is it altogether clear what the forum is, if any. This paper raises the fundamental question of what gives the arbitrator his or her competence--the will of the parties or the law of the seat of arbitration which the parties may, or may not, have chosen? The paper also suggests an answer to the questions of which choice of law rules, if any, should be applied by the arbitrators, to what extent arbitrators will apply mandatory rules (règles d'application immédiate), as well as which law governs the procedural aspects and whether it has to be the procedural law of a national system. The new English Arbitration Act 1996 has also been taken into account.

Author : Jack L. Goldsmith
Publisher : Martinus Nijhoff Publishers
Page : 339 pages
File Size : 40,7 Mb
Release : 2023-09-20
Category : Business & Economics
ISBN : 9789004636699

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International Dispute Resolution: The Regulation of Forum Selection by Jack L. Goldsmith Pdf

For situations where the forum selection clause can make all the difference, this book is invaluable. The text shows how parties can mitigate the effects of concurrent jurisdiction ex ante through the use of forum selection clauses in arbitration agreements, and also explains the role of provisional and protective measures in the regulation of forum selection and judicial doctrines that directly regulate "improper" forum selections. Published under the Transnational Publishers imprint.

Author : Franco Ferrari,Aaron D. Simowitz
Publisher : Unknown
Page : 2104 pages
File Size : 51,5 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 : Marlies Glasius
Publisher : Routledge
Page : 177 pages
File Size : 55,9 Mb
Release : 2006-03-29
Category : Law
ISBN : 9781134315673

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The International Criminal Court by Marlies Glasius Pdf

A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?

Author : Pia Naarajärvi,Jussi V. Koivisto
Publisher : Unknown
Page : 187 pages
File Size : 50,7 Mb
Release : 2002
Category : Electronic commerce
ISBN : 9510270210

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Which Law, which Forum? by Pia Naarajärvi,Jussi V. Koivisto Pdf

Author : Ardavan Arzandeh
Publisher : Bloomsbury Publishing
Page : 184 pages
File Size : 41,6 Mb
Release : 2018-12-27
Category : Law
ISBN : 9781509925773

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Forum (Non) Conveniens in England by Ardavan Arzandeh Pdf

The forum (non) conveniens doctrine provides the basis for the discretionary exercise of jurisdiction by English courts in private international law disputes. London's pre-eminence as a centre for international commercial litigation has led to its frequent deployment in proceedings where parties disagree over where a case should be heard. The doctrine's significance is not limited to England but extends to many Commonwealth jurisdictions which have embraced it. This is the first book-length study devoted entirely to examining the forum (non) conveniens doctrine's past, present, and future from the perspective of the law in England. By offering a meticulous and critical analysis of relevant historical and contemporary sources in England and elsewhere, it seeks to fill gaps in relevant knowledge of the English forum (non) conveniens doctrine, and challenge certain views concerning its operation that have come to be regarded as representing the orthodoxy. In this respect, the book attempts to refine our understanding of the doctrine's historical development, evaluate its application in the years following its formal recognition in England, and examine the case for revising it, given the changing nature of international commercial litigation in recent decades. The book's ultimate objective is to act as an authoritative and comprehensive reference point for those with an interest in the forum (non) conveniens doctrine, more specifically, and cross-border private litigation, more generally.

Author : Sanford Levinson
Publisher : Oxford University Press
Page : 260 pages
File Size : 41,5 Mb
Release : 2008
Category : Law
ISBN : 9780195365573

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Our Undemocratic Constitution by Sanford Levinson Pdf

Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 45,9 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
Page : 559 pages
File Size : 48,5 Mb
Release : 2013-09-12
Category : Law
ISBN : 9780521199698

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Private International Law in Commonwealth Africa by Richard Frimpong Oppong Pdf

A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.

Author : Patrick R. Goold
Publisher : Cambridge University Press
Page : 153 pages
File Size : 50,6 Mb
Release : 2022-03-17
Category : Law
ISBN : 9781108841481

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IP Accidents by Patrick R. Goold Pdf

Introduces the concept of 'IP accidents' to establish a new way to look at intellectual property law and its enforcement.

Author : Michael Bogdan
Publisher : Martinus Nijhoff Publishers
Page : 361 pages
File Size : 44,8 Mb
Release : 2012-01-03
Category : Law
ISBN : 9789004226340

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Private International Law as Component of the Law of the Forum by Michael Bogdan Pdf

In spite of the undoubtedly great and rising importance of the international legislative co-operation regarding private international law, it must be remembered that no successful unification or harmonization of conflict rules has ever taken place on the universal level, and that the conflict rules stemming from international legislative co-operation between a limited number of countries give rise to the same problems as non-harmonized rules, whenever they have to be used in relation to countries not participating in the legislative co-operation in question. This book will therefore focus on the last-mentioned problems and refrain from dealing with the particular issues arising from international legislative co-operation in the field of private international law. One of the principal aims of Michael Bogdan is to demonstrate the relationship between the national rules of private international law and the rest of the legal system of the forum country, in the first place its substantive private law and its law of civil procedure, as well as to illustrate the impact of the forum country’s general ethical and other values on its private international law.

Author : Eric A. Berg
Publisher : American Bar Association
Page : 580 pages
File Size : 44,6 Mb
Release : 2008
Category : Law
ISBN : 1604421452

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Construction Checklists by Eric A. Berg Pdf