Description
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 coverage of new case-law from the Court of Justice of the European Union. Of particular importance has been a set of judgments on jurisdiction in tort for pure financial loss, many of which have involved investment loss. New case law from the English courts, including the Supreme Court, and from the Supreme Court of the United States, is also covered.
- Provides everything the student needs to know about international commercial litigation
- Offers extensive EU coverage, but also includes thought-provoking international comparative perspectives, such as examining case-law from the Supreme Court of the United States, and Commonwealth law
- Updated to reflect new case-law from the Court of Justice of the European Union
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. EU Law: the problem of pure financial loss
6. The traditional English rules
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. US law: some highlights
Part IV. Procedure:
18. Freezing assets
19. Obtaining evidence abroad: forum procedures
20. Obtaining evidence abroad: international co-operation
Part V. Choice of Law:
21. Introduction to choice of law
22. Torts
23. Contracts: the principle of party autonomy
24. Contracts: legal policy and choice of law
25. The common-law countries: regulating business, protecting employees and helping consumers
26. Foreign currency
27. Property: tangible movables
28. Contractual rights and property interests – I
29. Contractual rights and property interests – II
30. Contractual rights and property interests – III.
