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.
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.
