International Commercial Litigation : Text, Cases and Materials on Private International Law
Taking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include new material on the recast of the Brussels I Regulation, the impact of EU law on choice-of-court agreements and arbitration agreements, and controversial decisions on antisuit injunctions. A companion website features important updates to the law.
- Paperback | 964 pages
- 174 x 246 x 46mm | 1,919.97g
- 31 Jul 2015
- CAMBRIDGE UNIVERSITY PRESS
- Cambridge, United Kingdom
- 2nd Revised edition
- 2 b/w illus.
Table of contents
Part I. Starting Off: 1. Introduction; Part II. Jurisdiction: 2. Jurisdiction: an analysis; 3. Jurisdiction under EU law; 4. EU law: special jurisdiction; 5. The traditional English rules; 6. Developments in Canada; 7. US law: an outline; 8. Choice-of-court agreements; 9. Jurisdictional conflicts: the common-law approach; 10. Jurisdictional conflicts: the EU approach; 11. Special topic I: product liability; 12. Special topic II: defamation; Part III. Foreign Judgments: 13. Introduction to Part III; 14. EU law; 15. English law: jurisdiction; 16. English law: defences; 17. The Canadian conflicts (judgments) revolution; 18. US law: some highlights; Part IV. Procedure: 19. Freezing assets; 20. Obtaining evidence abroad: forum procedures; 21. Obtaining evidence abroad: international co-operation; Part V. Choice of Law: 22. Introduction to choice of law; 23. Torts; 24. Contracts: the principle of party autonomy; 25. Contracts: legal policy and choice of law; 26. The common-law countries: regulating business, protecting employees and helping consumers; 27. Foreign currency; 28. Property: tangible movables; 29. Contractual rights and property interests - I; 30. Contractual rights and property interests - II; 31 Contractual rights and property interests - III.
'Professor Hartley has drawn on his extensive theoretical and practical knowledge of private international law both in the EU and the US in order to produce this comparative study on international commercial litigation. He demonstrates a superb ability to explain the law and the underlying principles both in the EU and the US. This book is essential reading for anyone interested in understanding the complicated issues of cross-border litigation in the major legal systems. It is also a first-class textbook with a very pedagogical structure and attitude where [the] author challenges the reader by asking questions to case law that is extensively reproduced in the book ... an invaluable piece of scholarship for students and scholars alike.' Peter Arnt Nielsen, Copenhagen Business School '... an excellent piece of scholarship presented in a pedagogically optimal manner. It can serve both as a comprehensive textbook for in-depth courses on private international law or international trade law, as well as a reliable and useful handbook for legal practitioners.' Michael Bogdan, University of Lund 'This textbook provides students and others interested in international commercial litigation with an excellent and accessible analysis from an EU, English, Canadian and US perspective. It covers the full breadth of international jurisdiction, recognition and enforcement of judgments, selected other topics of procedure and choice of law rules, and is richly illustrated by case law and references to the relevant rules. Hartley manages to strike a good balance between an insightful overview of the subject and an in-depth analysis of topical issues.' Xandra E. Kramer, Erasmus University Rotterdam
About Trevor C. Hartley
Trevor Hartley is Professor of Law Emeritus at the London School of Economics and Political Science, where he specialises in private international law and European Union law.