A Comparative Study Of The Fundamental Juridical Nature Classification And Private Law Enforcement Of Jurisdiction And Choice Of Law Agreements In The English Common Law Of Conflict Of Laws The European Union Private International Law Regime And The Hague Convention On Choice Of Court Agreements PDF Download
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Author | : Mukarrum Ahmed |
Publisher | : Bloomsbury Publishing |
Total Pages | : 275 |
Release | : 2017-10-05 |
Genre | : Law |
ISBN | : 1509914471 |
Download The Nature and Enforcement of Choice of Court Agreements Book in PDF, ePub and Kindle
PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.
Author | : Mukarrum Ahmed |
Publisher | : |
Total Pages | : |
Release | : 2016 |
Genre | : |
ISBN | : |
Download A Comparative Study of the Fundamental Juridical Nature, Classification and Private Law Enforcement of Jurisdiction and Choice of Law Agreements in the English Common Law of Conflict of Laws, the European Union Private International Law Regime and the Hague Convention on Choice of Court Agreements Book in PDF, ePub and Kindle
Author | : Adrian Briggs |
Publisher | : Oxford Private International L |
Total Pages | : 0 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9780199282302 |
Download Agreements on Jurisdiction and Choice of Law Book in PDF, ePub and Kindle
This book analyzes the law and practice relating to the classification, drafting, validity and enforcement of contracts relating to jurisdiction and choice of law. The focus is on English law, EU law and common law measures, but there is also some comparative material built in. The book will be useful in particular to practicing lawyers seeking to draft, interpret or enforce the types of contract discussed, but the in-depth discussion will also be valuable to academic lawyers specializing in private international law. Written by an academic who is also a practicing barrister, this book gives in-depth coverage of how the instruments and principles of private international law can be used for the resolution of cross-border or multi-jurisdictional disputes. It examines the operation and application of the Brussels Regulation, the Rome Convention and the Hague Convention on Exclusive Choice of Court Agreements in such disputes, but also discusses the judgments and decisions of the courts in significant cases such as Turner v Grovit, Union Discount v Zoller, and De Wolf v Cox. Much of the book is given over to practical evaluation of how agreements on jurisdiction and choice of law should be put together, with guidance on, amongst other things, drafting of the agreements (including some sample clauses), severability of agreements, consent, and the resolution of disputes by arbitration.
Author | : Oxford Editor |
Publisher | : |
Total Pages | : 1392 |
Release | : 2021-03 |
Genre | : |
ISBN | : 9780198840107 |
Download Choice of Law in International Commercial Contracts Book in PDF, ePub and Kindle
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.
Author | : Mireille M. M. van Eechoud |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 306 |
Release | : 2003-01-01 |
Genre | : Law |
ISBN | : 9041120718 |
Download Choice of Law in Copyright and Related Rights Book in PDF, ePub and Kindle
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
Author | : United Nations. International Law Commission |
Publisher | : |
Total Pages | : |
Release | : 1956 |
Genre | : International law |
ISBN | : |
Download United Nations Yearbook of the International Law Commission Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 114 |
Release | : 2009 |
Genre | : Business & Economics |
ISBN | : |
Download Promoting Confidence in Electronic Commerce Book in PDF, ePub and Kindle
This publication analyses the main legal issues arising out of the use of electronic signatures and authentication methods in international transactions. It provides an overview of methods used for electronic signature and authentication and their legal treatment in various jurisdictions. The study considers the use of these methods in international transactions and identifies the main legal issues related to cross-border recognition of such methods, with a special attention to international use of digital signatures under a Public Key Infrastructure.
Author | : Alex Mills |
Publisher | : Cambridge University Press |
Total Pages | : 595 |
Release | : 2018-08-16 |
Genre | : Law |
ISBN | : 1107079179 |
Download Party Autonomy in Private International Law Book in PDF, ePub and Kindle
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Author | : |
Publisher | : |
Total Pages | : 300 |
Release | : 2006 |
Genre | : Annotations and citations (Law) |
ISBN | : |
Download Guide to Foreign and International Legal Citations Book in PDF, ePub and Kindle
"Formerly known as the International Citation Manual"--p. xv.
Author | : Hélène van Lith |
Publisher | : T.M.C. Asser Press |
Total Pages | : 606 |
Release | : 2009-06-11 |
Genre | : Law |
ISBN | : 9789067043038 |
Download International Jurisdiction and Commercial Litigation Book in PDF, ePub and Kindle
avoiding gaps and provide a claimant with limited forum shopping possibilities. In that same vein, the paradigm proposed by Ms. Van Lith ought to shift to special grounds of jurisdiction based on sufficient connection between the defendant and the forum state. In that respect, she proposes jurisdiction at the place where the defendant has a fixed place of business from which he carries out business activities directly related to the claimant’s contractual claim. Absent such a place of business, jurisdiction is to be vested in the courts of the country where the defendant is engaged in substantial business activities in relation to the contract with a limited forum shopping for a claimant in favour of the court of the defendant’s home country. Other general or special grounds for jurisdiction (such as claimant-related connections or property-based connections) are rejected because they do not meet the proposed paradigm of sufficient connection. As to exceptions to international jurisdiction rules as proposed, Ms. Van Lith comes to the conclusion that a general escape provision is to be avoided except for the ‘tra- acting business’ rule where – in accordance with the paradigm proposed – international jurisdiction can be avoided in favour of the defendant’s home court when the dispute is insufficiently connected with the forum making it unfair under the circumstances to expect the defendant to be subjected to the jurisdiction of that court. In this respect, a balanced approach to predictability and flexibility is being proposed.