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Commercial Issues in Private International Law: A Common Law Perspective

Commercial Issues in Private International Law: A Common Law Perspective

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509946198
  • 出版时间 January 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥587.50

¥569.88 Save ¥17.63 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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 the 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 lawyers, barristers, judges and academics 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.

    This book is for anyone interested in private international law. In particular, it may assist practitioners and students seeking to understand emerging and complex issues that arise in cross-border litigation.

  • Foreword
    The Hon William Gummow AC
    Editors’ Preface
    Commercial Issues in Private International Law
    The Hon Justice Steven Rares

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

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

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

    PART IV: THE DEVELOPING LEGAL LANDSCAPE
    New and Alternative Approaches to Proof of Foreign Law: A Practitioners’ Perspective
    Mr Justin Hogan-Doran and Dominique Hogan-Doran SC
    The Rise of Party Autonomy in Commercial Conflict of Laws
    Professor TM Yeo
    Developing Australian Private International Law: The Hague Choice of Court Convention & The Hague Principles of Choice of Law in International Commercial Contracts Professor
    Mary Keyes

    PART V: CONCLUDING REMARKS
    Concluding Remarks
    The Hon Justice Paul Le Gay Brereton AM RFD
    Index

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