Commercial Issues in Private International Law: A Common Law Perspective

Erscheinungsjahr 2021
ISBN: 978-1-5099-4619-8
Verlag: BLOOMSBURY 3PL

Buch, Englisch, 408 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 572 g

Reihe: Studies in Private International Law

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.

Autoren/Hrsg.

Douglas, Michael

Bath, Vivienne

Keyes, Mary

Dickinson, Andrew

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Privatrecht
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Commercial Issues in Private International Law
Justice Steven Rares

PART I
JURISDICTION
2. In Absentia: The Evolution and Reform of Australian Rules of Adjudicatory Jurisdiction
Andrew Dickinson
3. The Exercise of Jurisdiction and the Role of Enforcement
Vivienne Bath
4. The Case Management Stay in Private International Law
Reid Mortensen

PART II
FOREIGN JUDGMENTS
5. The 2005 Hague Convention: A Panacea for Non-Exclusive and Asymmetric Jurisdiction Agreements Too?
Brooke Marshall
6. Reciprocal Recognition and Enforcement of Foreign Judgments in China: The Proposal of a Registration System
Jie (Jeanne) Huang

PART III
CHOICE OF LAW
7. Paying Attention to Choice of Law in International Commercial Arbitration - or - Why the Conflict of Laws Always Matters
Benjamin Hayward
8. The Conflict of Laws as a Shared Language for the Cross-Border Application of Statutes
Maria Hook
9. Choice of Law in the Age of Statutes: A Defence of Statutory Interpretation after Valve
Michael Douglas

PART IV
THE DEVELOPING LEGAL LANDSCAPE
10. New and Alternative Approaches to Proof of Foreign Law: A Practitioners' Perspective
Justin Hogan-Doran and Dominique Hogan-Doran
11. The Rise of Party Autonomy in Commercial Conflict of Laws
Yeo Tiong Min
12. Developing Australian Private International Law: The Hague Choice of Court Convention & The Hague Principles of Choice of Law in International Commercial Contracts
Mary Keyes

PART V
CONCLUDING REMARKS
13. Conclusion
Justice Paul Le Gay Brereton, AM, RFD

Über Autor(innen)

Douglas, Michael
Michael Douglas is Senior Lecturer at UWA Law School, University of Western Australia.

Dickinson, Andrew
Andrew Dickinson, formerly Professor of Private International Law at the University of Sydney, is a Fellow and Tutor of Law at St Catherine's College and Professor of Law at the Faculty of Law, University of Oxford.

Photo courtesy of Faculty of Law, University of Oxford.

Bath, Vivienne
Vivienne Bath is Professor of Chinese and International Business Law at the University of Sydney Law School.

Keyes, Mary
Mary Keyes is Professor of Law at Griffith Law School, Griffith University.

Michael Douglas is Senior Lecturer at UWA Law School, University of Western Australia.
Vivienne Bath is Professor of Chinese and International Business Law at the University of Sydney Law School.
Mary Keyes is Professor at Griffith Law School.
Andrew Dickinson is Fellow of St Catherine's College and Professor of Law, University of Oxford.