Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


This book is now Out of Print.
A new edition has been published, the details can be seen here:
Advanced Introduction to Private International Law and Procedure 2nd ed isbn 9781803928876

Advanced Introduction to Private International Law and Procedure


ISBN13: 9781786436801
New Edition ISBN: 9781803928876
Published: June 2018
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Paperback
Price: Out of print



Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars.

Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country's courts have jurisdiction, and where is it advantageous to sue?

Given the international elements of the case, which country's law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets?

The Advanced Introduction to Private International Law addresses these questions in a concise overview of the field.

Key features include:

  • Comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union
  • Written in a clear and engaging style
  • Addresses classic choice of law as well as international civil procedure
  • Problem-oriented presentation
  • Three parts presenting principal problems parties face in dealing with cases with an international dimension
  • Considers how the field could develop in the future.
Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to master the core principles behind private international law quickly.

Subjects:
Conflict of Laws
Contents:
Preface
I. Introduction: Basic Issues
1.1 “Private International Law”
1.2 The Elements of an “International Civil Case“
1.2.1 Sources
1.2.2 Issues of an International Case: Where to Litigate? What Law Applies?
1.2.3 Scope of Coverage
1.2.4 A Note on Terminology: The Different Meanings of “Jurisdiction”
1.3 Applicable Law And The Goals Of Conflicts Law
1.3.1 In General
1.3.2 Historical Notes
1.3.3 The Older European Model – Rule Orientation to Achieve “Conflicts Justice”
1.3.4 The American Conflicts “Revolution“
1.3.4.1 Excursus: The American Parallel Court System
1.3.5 Modern Approaches and Trend
1.3.5.1 United States
1.3.5.2 Europe
1.3.5.3 Elsewhere
1.4 Connecting Factors
PART I JUSIRDICTION TO ADJUDICATE
II. Forum-Selection Clauses
2.1Prorogation and Derogation
2.2 Some Limits
2.2.1 European Union Law
2.2.2 The Hague Convention
2.2.3 United States
2.2.4 Rejecting a Choice
2.2.5 The Law Applicable to a Forum-Selection Clause
2.3 One-sided Clauses
2.3.1 Adhesion Provisions
2.3.2 Clauses Excluding Recourse to Court
III. Jurisdiction Over Persons and Things
3.1 In Rem Jurisdiction
3.2 General Personal Jurisdiction
3.2.1 Exorbitant Rules
3.2.2 Jurisdiction Over Companies
3.3 Specific (or Special) Jurisdiction
3.3.1 What Contacts Confer Specific Jurisdiction?
3.3.2 “Stream-of-commerce” Jurisdiction
3.3.3 Weaker Party Protection in Contract in the EU
3.3.4 Weaker Party Protection in U.S. Law
3.4 Class Actions
3.5 Piercing the Corporate Veil for Jurisdiction
3.6 Jurisdiction in Domestic Relations Cases
3.6.1 Introduction
3.6.2 Marriage
3.6.3 Divorce
3.6.4 Child Custody
3.6.5 Maintenance, Child Support, and the like
3.6.6 Adoption
3.7 Dismissal for Lis Pendens or Forum Non Conveniens
3.7.1 Lis Alibi Pendens
3.7.2 Forum non conveniens
3.7.2.1 Blocking Statutes
3.8 Jurisdiction over Things – Actions in rem
3.9 Notice and Service
3.10 Taking Evidence Abroad
PART TWO: THE APPLICABLE LAW (CHOICE OF LAW)
IV. What Law Applies
4.1 Sources
4.1.1 Conventions
4.1.2 Federal-like (supranational) law: The Example of the European Union.
4.1.3 National (Domestic) Law: In General
4.2 Party Autonomy
4.2.1 Scope, Limits, Validity
4.2.2 Unusual Cases: Partial Choice of Law
“Floating Clauses”
4.3 How to Determine the Applicable Law in the Absence of a Party Choice: By Rule or Case-Specific Approach? – The Examples of Tort and Contract Conflicts Law
4.3.1 Civil Law
4.3.1.1. Example: European Union Conflicts Law in Tort and Contract
4.3.1.1.1 Contracts: Rome I
4.3.1.1.2 Torts and Other Non-Contractual Relationships: Rome II
4.3.2 Rule Orientation in the Common Law
4.3.2.1 Escape
4.3.3 The American “Conflicts Revolution” and Case-Specific Approaches
4.3.3.1 “Governmental Interest Analysis”
4.3.3.2 Better Law
4.3.3.3 The “Most Significant Relationship:” The Second Restatement
4.3.3.4 What Is American Conflicts Law Today, Especially in Tort and Contract?
4.3.4 Applicable Law for the Whole or only Part of the Case?
4.3.4.1 Characterization
4.3.4.2 Splitting a Case Into Its Component Issues: Dépeçage
4.3.5 Connecting Factors, Especially “Domicile” and “Habitual Residence”
4.3.5.1 Domicile
4.3.5.2 Habitual Residence
4.4 Renvoi
4.5 Special Aspects in American Law Regarding Time Limits
Damages
4.5.1 Time Limitations
4.5.2 Damages
4.6 Choice of Law in Other Areas Than Tort or Contract
4.6.1 Family Law
4.6.1.1 Capacity
4.6.1.2 Forms of Marriage
4.6.1.3 Marital Property
4.6.1.4 Support
4.6.2 Succession
4.6.2.1 Introduction
4.6.2.2 Procedural Issues
4.6.2.3 Applicable Law
4.6.2.4 European Union Law
4.6.2.5 Recognition
4.6.3 Corporate Entities
4.7 Forum Policy: Mandatory Norms and the Public Policy Exception
4.8 How to Determine the Content of Applicable Foreign Law?
4.8.1 How Does Foreign Law Become Applicable?
4.8.2 Determining the Content of and Applying Foreign Law
PART THREE: JUDGMENTS
V. Recognition and Enforcement of Foreign Jugments
5.1 Introduction
5.2 The Nature of the Foreign Decree
5.2.1 Finality
5.2.2 The Issuing Authority
5.2.3 Effect in Another State
5.3 Methods of Recognition – International Solutions
5.3.1 Treaties
5.3.2 Reciprocal Recognition Arrangements
5.3.3 The European Union’s “federal-type” Approach
5.3.4 The Lugano Convention
5.4 Recognition – National Law Approaches
5.4.1 The Civil Law Exequatur
5.4.2 Recognition Under Common Law
5.4.2.1 Recognition Within the United States
5.5 Defenses to Recognition and Enforcement
5.5.1 In General
5.5.2 Lack of Jurisdiction
5.5.2.1 Unified Systems – The United States and the EU
5.5.2.2 Testing Another Country’s Jurisdiction Under National Law
5.5.3 Notice
5.5.4 Conflicting Judgments
5.5.5 Public Policy
5.5.5.1 In General
5.5.5.2 Public Policy and révision au fond
5.5.5.3 Public Policy and Exporting Forum Values
5.5.6 No Remedy Available Locally
5.6 The Effect of a Recognized Judgment
5.6.1 The Res Judicata Effect on the Parties
5.6.2 Effect on Third Parties
5.7 Enforcement Mechanisms
5.7.1 Foreign-Country Judgments in the United States
5.7.2 Recognition Elsewhere
VI. An Assessment: Tasks, Developments, Trends
6.1 In General
6.2 Jurisdiction and Judgment Recognition of Civil and Commercial Judgments
6.2.1 Worldwide Harmonization
6.2.2 Regional Harmonization
6.2.3 National Law
6.3 Choice of Law
Appendix
Sources of European Union Law
Index

Series: Elgar Advanced Introductions

Advanced Introduction to Comparative Criminal Law ISBN 9781802201246
To be published December 2024
Edward Elgar Publishing Limited
£15.95
Advanced Introduction to Feminist Perspectives on Law ISBN 9781035313600
To be published August 2024
Edward Elgar Publishing Limited
£16.45
Advanced Introduction to US First Amendment Law ISBN 9781803927206
To be published July 2024
Edward Elgar Publishing Limited
£15.95
Advanced Introduction to Indigenous Human Rights ISBN 9781035328666
To be published April 2024
Edward Elgar Publishing Limited
£18.95
Advanced Introduction to European Union Law 2nd ed ISBN 9781035323135
Published December 2023
Edward Elgar Publishing Limited
£17.95
Advanced Introduction to Contract Law and Theory ISBN 9781800372689
Published July 2023
Edward Elgar Publishing Limited
£15.95
Advanced Introduction to Private International Law and Procedure 2nd ed ISBN 9781803928876
Published July 2023
Edward Elgar Publishing Limited
£15.95
Advanced Introduction to Cross-Border Insolvency Law ISBN 9781789906387
Published June 2023
Edward Elgar Publishing Limited
£16.95
Advanced Introduction to Substantive Criminal Law ISBN 9781789906837
Published June 2023
Edward Elgar Publishing Limited
£19.95
Advanced Introduction to Law and Religion ISBN 9781789904062
Published April 2023
Edward Elgar Publishing Limited
£16.95
Advanced Introduction to Applied Green Criminology ISBN 9781803922997
Published March 2023
Edward Elgar Publishing Limited
£17.25
Advanced Introduction to Insurance Law ISBN 9781800884236
Published March 2023
Edward Elgar Publishing Limited
£19.95
Advanced Introduction to International Food Law ISBN 9781802208283
Published March 2023
Edward Elgar Publishing Limited
£17.25
Advanced Introduction to International Conflict and Security Law 2nd ed ISBN 9781800889057
Published March 2023
Edward Elgar Publishing Limited
£19.95
Advanced Introduction to Resilience ISBN 9781802202212
Published February 2023
Edward Elgar Publishing Limited
£20.95
Advanced Introduction to Elections and Voting ISBN 9781802207521
Published September 2022
Edward Elgar Publishing Limited
£17.97
Advanced Introduction to Artificial Intelligence in Healthcare ISBN 9781800888104
Published August 2022
Edward Elgar Publishing Limited
£17.97
Advanced Introduction to Business and Human Rights ISBN 9781789901290
Published July 2022
Edward Elgar Publishing Limited
£22.95
Advanced Introduction to Children’s Rights ISBN 9781789900293
Published June 2022
Edward Elgar Publishing Limited
£16.45
Advanced Introduction to Cybersecurity Law ISBN 9781800883369
Published June 2022
Edward Elgar Publishing Limited
£18.95
Advanced Introduction to U.S. Federal Securities Law ISBN 9781802206265
Published May 2022
Edward Elgar Publishing Limited
£18.95
Advanced Introduction to Law and Psychology ISBN 9781839109744
Published January 2022
Edward Elgar Publishing Limited
£22.95
Advanced Introduction to Comparative Legal Methods ISBN 9781789906172
Published October 2021
Edward Elgar Publishing Limited
£17.25
Advanced Introduction to Landmark Criminal Cases ISBN 9781800886773
Published October 2021
Edward Elgar Publishing Limited
£17.25
Advanced Introduction to Maritime Law ISBN 9781839107023
Published August 2021
Edward Elgar Publishing Limited
£22.95
Advanced Introduction to Law and Entrepreneurship ISBN 9781788978699
Published March 2021
Edward Elgar Publishing Limited
£19.95
Advanced Introduction to Global Sports Law ISBN 9781789905113
Published February 2021
Edward Elgar Publishing Limited
£17.95
Advanced Introduction to Mental Health Law ISBN 9781789903928
Published January 2021
Edward Elgar Publishing Limited
£22.95
Advanced Introduction to Law and Artificial Intelligence ISBN 9781789905144
Published October 2020
Edward Elgar Publishing Limited
£19.95
Advanced Introduction to Privacy Law ISBN 9781788970969
Published October 2020
Edward Elgar Publishing Limited
£17.95
Advanced Introduction to International Human Rights Law 2nd ed ISBN 9781839103209
Published October 2020
Edward Elgar Publishing Limited
£22.95
Advanced Introduction to Human Dignity and Law ISBN 9781789901702
Published September 2020
Edward Elgar Publishing Limited
£17.95
Advanced Introduction to Space Law ISBN 9781789901870
Published September 2020
Edward Elgar Publishing Limited
£17.95
Advanced Introduction to U.S. Criminal Procedure ISBN 9781839101670
Published August 2020
Edward Elgar Publishing Limited
£22.95
Advanced Introduction to International Investment Law ISBN 9781783474516
Published June 2020
Edward Elgar Publishing Limited
£17.95
Advanced Introduction to International Trade Law 2nd ed ISBN 9781788971447
Published January 2020
Edward Elgar Publishing Limited
£22.95
Advanced Introduction to European Union Law ISBN 9781788119573
Published January 2020
Edward Elgar Publishing Limited
Out of print
Advanced Introduction to International Tax Law 2nd ed ISBN 9781788978507
Published April 2019
Edward Elgar Publishing Limited
£19.95
Advanced Introduction to Law and Globalisation ISBN 9781788974158
Published November 2018
Edward Elgar Publishing Limited
£19.95
Advanced Introduction to Law and Globalisation ISBN 9781788116466
Published November 2018
Edward Elgar Publishing Limited
£89.00
Advanced Introduction to Freedom of Expression ISBN 9781786437174
Published September 2018
Edward Elgar Publishing Limited
£18.95
Advanced Introduction to Comparative Constitutional Law 2nd ed ISBN 9781786437204
Published March 2018
Edward Elgar Publishing Limited
£18.95
Advanced Introduction to Private Law ISBN 9781784715144
Published December 2016
Edward Elgar Publishing Limited
£18.95
Advanced Introduction to Private Law ISBN 9781784715120
Published December 2016
Edward Elgar Publishing Limited
£89.00
Advanced Introduction to International Intellectual Property ISBN 9781783473427
Published January 2016
Edward Elgar Publishing Limited
£18.95
Advanced Introduction to International Intellectual Property ISBN 9781783470495
Published January 2016
Edward Elgar Publishing Limited
£89.00
Advanced Introduction to the Law of International Organizations ISBN 9781782544272
Published September 2015
Edward Elgar Publishing Limited
£20.95
Advanced Introduction to the Law of International Organizations ISBN 9781782540946
Published July 2015
Special offer (limited stock)
£85.00
Advanced Introduction to International Trade Law Revised edition ISBN 9781783471607
Published January 2015
Edward Elgar Publishing Limited
Out of print
Advanced Introduction to International Trade Law ISBN 9781783471591
Published January 2015
Edward Elgar Publishing Limited
Out of print
Advanced Introduction to International Human Rights Law ISBN 9781782545231
Published September 2014
Edward Elgar Publishing Limited
Out of print