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Produktbild: International Commercial Disputes

International Commercial Disputes Commercial Conflict of Laws in English Courts (Fourth Edition) (Revised)

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Beschreibung

Produktdetails

Einband

Taschenbuch

Erscheinungsdatum

28.09.2010

Verlag

Bloomsbury 3PL

Seitenzahl

1030

Maße (L/B/H)

24,4/17/5,5 cm

Gewicht

1735 g

Sprache

Englisch

ISBN

978-1-84113-851-0

Beschreibung

Produktdetails

Einband

Taschenbuch

Erscheinungsdatum

28.09.2010

Verlag

Bloomsbury 3PL

Seitenzahl

1030

Maße (L/B/H)

24,4/17/5,5 cm

Gewicht

1735 g

Sprache

Englisch

ISBN

978-1-84113-851-0

Herstelleradresse

Libri GmbH
Europaallee 1
36244 Bad Hersfeld
DE

Email: gpsr@libri.de

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  • Produktbild: International Commercial Disputes

  • Chapter 1 - Introduction
    1.1 Preliminary Remarks
    1.2 Jurisdiction and the Recognition and Enforcement of Foreign Judgments
    Basic Concepts
    The Traditional Regime
    The Brussels I Regulation
    Jurisdiction and the Recognition and Enforcements of Judgments with in the United Kingdom
    Subsequent Developments
    1.3 Choice of Law
    Part I: Jurisdiction and the Recognition and Enforcement of Foreign Judgments
    Chapter 2 - Persons who Can and Cannot Sue or be Sued
    2.1 Legal Capacity to Sue or Be Sued
    Foreign Corporations
    Other Foreign Juristic Entities
    Corporations Established under the Laws of Territories which are not States
    International Corporations
    Foreign States
    Foreign Governments
    2.2 Persons who Cannot Sue and Non-justiciable Claims
    Enemy Aliens
    Non-justiciable Claims
    2.3 State Immunity
    Background
    The Scope of Immunities
    The Scheme of the Act
    Immunity from Adjudicative Jurisdiction
    Immunity from Enforcement Jurisdiction
    Service of Process in Proceedings against States
    Judgments in Default
    2.4 Diplomatic Immunity
    Diplomatic Officers
    Consular Agents
    2.5 International Organisations
    Chapter 3 - The Brussels I Regulation: General Considerations
    3.1 Introduction
    3.2 Interpretation of the Brussels I Regulation
    References to the Court of Justice
    Methods of Interpretation
    Interpretation by National Courts
    3.3 Scope of the Brussels I Regulation
    Introductory Remarks
    Civil and Commercial Matters
    Exceptions
    3.4 The Relationship between the Brussels I Regulation and Other International Conventions
    Chapter 4 - Jurisdiction in Personam under the Brussels I Regulation: Introduction
    4.1 Domicile under the Brussels I Regulation
    The Domicile of Individuals
    The Domicile of Corporations
    Multiple Domiciles
    4.2 The Basic Structure of the Jurisdiction Rules
    Bases of Jurisdiction Applicable to Defendants Domiciled in a Member State: Articles 2 and 3
    Bases of Jurisdiction Applicable to Persons who are not Domiciled in a Member State: Article 4
    Lis Pendens and Related Actions
    The Standard of Proof
    4.3 Service Abroad in Cases Falling within the Scope of the Brussels I Regulation
    4.4 Procedural Safeguards
    Chapter 5 - Bases of Jurisdiction In Personam under the Brussels I Regulation
    5.1 Exclusive Jurisdictions
    Paragraph (1)
    Paragraph (2): Corporations
    Paragraph (3): Public Registers
    Paragraph (4): Intellectual Property
    Paragraph (5): Enforcement Proceedings
    Examination of Jurisdiction
    5.2 Submission
    5.3 Jurisdiction Agreements
    Preliminary Considerations
    Basic Conditions
    Formal Requirements
    Maternal Validity and Interpretation
    Situation where Jurisdiction is not Exclusive
    5.4 Provisional Measures
    5.5 The Domicile Rule: Article 2
    5.6 Alternative Fora I: Article 5
    Introduction
    Jurisdiction in Matters Relating to Contract and Tort: Introduction
    Jurisdiction in Matters Relating to a Contract
    Jurisdiction in Matters Relating to Tort
    Branch, Agency or Other Establishment
    Trusts
    5.7 Alternative Fora II: Article 6
    Introduction
    Multiple Defendants
    Third Party Proceedings
    Counterclaims
    Contractual Claims Involving Matters Relating to Rights in Rem in Immovable Property
    Article 6 and Jurisdiction Agreements
    5.8 Insurance, Consumer Contracts and Employment Contracts
    Insurance
    Consumer Contracts
    Jurisdiction in Relation to Employment Contracts
    Chapter 6 - Bases of Jurisdiction in Personam under Schedule 4 to the Civil Jurisdiction and Judgments Act 1982
    6.1 Jurisdiction in Civil and Commercial Matters: Schedule 4 to the 1982 Act
    The Scope of Schedule 4
    The Text of Schedule 4
    Interpretation
    6.2 Bases of Jurisdiction under Schedule 4
    Exclusive Jurisdiction
    Prorogation of Jurisdiction
    Jurisdiction Agreements
    Special Jurisdiction
    Consumer Contracts and Individual Contracts of Employment
    Procedural Matters and Provisional Measures
    Chapter 7 - Bases of Jurisdiction in Personam under Traditional Rules
    7.1 Presence
    Individuals
    Companies
    Partnerships
    Staying Proceedings Founded on the Defendant's Presence
    7.2 Submission
    Jurisdiction Agreements
    Agreements to Submit
    Voluntary Appearance
    7.3 Service out of the Jurisdiction under CPR 6.36
    Introduction
    A Serious Question to be Tried
    The Heads of CPR PD 6B para 3.1
    Forum Conveniens
    The Test
    Chapter 8 - Bases of Jurisdiction in Admiralty Proceedings
    8.1 Jurisdiction under the Supreme Court Act 1981
    The Admiralty Jurisdiction of the High Court: Section 20
    Jurisdiction in Rem: Section 21 (2)-(8)
    Jurisdiction in Actions In Personam: Section 21(1) and Section 22
    Commencing Admiralty Proceedings
    8.2 The Impact of the Brussels I Regulation
    Introduction
    The Practical Effect of the Brussels I Regulation
    Limitation and Salvage
    Chapter 9 - Declining Jurisdiction and Staying Proceedings
    9.1 Declining Jurisdiction and Staying Proceedings under the Brussels I Regulation
    General Considerations
    Lis Pendens
    Related Actions
    Rival Exclusive Jurisdictions
    Concurrent Proceedings within the United Kingdom
    9.2 Staying Proceedings on the Basis of the Doctrine of Forum non Conveniens
    Forum Shopping
    The Development of English Law
    The Test of Appropriateness
    The Application of the Test: Factors to be Taken into Account
    The Weighing of Factors
    Appeals Against the Exercise of Discretion
    9.3 The Impact of a Jurisdiction Clause
    The Traditional Rules
    The Hague Choice of Court Convention
    9.4 Jurisdiction in Cases Involving Foreign Land and Foreign Intellectual Property Rights
    Cases Involving Foreign Land
    Cases Involving Foreign Intellectual Property Rights
    9.5 Staying Proceedings under the Court's Inherent Jurisdiction in Cases Involving the Brussels I Regulation
    Introduction
    Cases where Jurisdiction is Founded on the Traditional Rules
    Cases where Jurisdiction is Founded on Chapter II and the Alternative Forum is a Member State
    Cases where Jurisdiction is Founded on Chapter II and the Alternative Forum is a Non-Member State
    Cases Involving Schedule 4 to the 1982 Act
    Chapter 10 - Provisional Measures
    10.1 Different Types of Provisional Measure
    Introduction
    Interlocutory Injunctions
    Freezing Injunctions
    Search Orders
    10.2 Jurisdiction to Grant Provisional Measures: Proceedings in Rem
    10.3 Jurisdiction to Grant Provisional Measures: Proceedings in Personam
    Background: The Position at Common Law
    Jurisdiction to Grant Provisional Measures in Support of Foreign Proceedings
    Jurisdiction to Grant Provisional Measures in Support of Arbitration Proceedings
    10.4 Extraterritorial Provisional Measures
    Introduction
    Extraterritorial Freezing Injunctions
    10.5 Enforcement of Foreign Provisional Measures
    Chapter 11 - Anti-suit Injunctions
    11.1 Preliminary Remarks
    11.2 The Bases on Which an Anti-suit Injunction May Be Granted
    Unconscionable Conduct
    Infringement of a Legal or Equitable Right
    11.3 The Brussels I Regulation
    Chapter 12 - Recognition and Enforcement of Foreign Judgments under the Common Law and under Related Statutory Regimes
    12.1 Introduction
    Why Recognise Foreign Judgments?
    Which Foreign Judgments Should be Entitled to Recognition and Enforcement?
    12.2 Conditions for Enforcement at Common Law
    The Jurisdiction of the Original Court
    Final and Conclusive
    For a Fixed Sum
    12.3 Conditions for Recognition at Common Law
    Introduction
    On the Merits
    Identity of the Parties
    Identity of the Cause of Action or Issue
    12.4 Defences to Recognition and Enforcement at Common Law
    Natural Justice
    Fraud
    Public Policy
    Res Judicata
    Civil Jurisdiction and Judgments Act 1982, Section 32
    Multiple Damages
    12.5 Recognition and Enforcement of Judgments in Rem
    Jurisdiction of the Original Court
    Defences
    Enforcement
    12.6 Recognition and Enforcement under Statutory Regimes Based on the Common Law
    Enforcement under Part II of the Administration of Justice Act 1920
    Recognition and Enforcement under the Foreign Judgments (Reciprocal Enforcement) Act 1933
    Chapter 13 - Recognition and Enforcement of Judgments under the Brussels I Regulation, Judgments against States and European Community Judgments
    13.1 Basic Conditions for Recognition and Enforcement under the Brussels I Regulation
    The Scope of the Brussels I Regulation
    What is a 'Judgment'?
    The Relationship between Chapter II and Chapter III
    13.2 The Principle of Automatic Recognition under the Brussels I Regulation
    13.3 Defences to Recognition under the Brussels I Regulation
    No Review of the Merits
    Limited Review of Jurisdiction
    Public Policy
    Safeguarding the Rights of the Defendant
    Irreconcilability
    Appeals in the State of Origin
    What is an 'Ordinary Appeal'?
    13.4 Enforcement of Judgments under the Brussels I Regulation
    Introduction
    Application for Enforcement
    The Decision
    Appeals against Enforcement
    Appeals Against a Refusal to Enforce
    The Relationship between National Law and Chapter III
    13.5 Authentic Instruments and Court Settlements under the Brussels I Regulation
    Authentic Instruments
    Court Settlements
    Grounds for Refusing Enforcement
    13.6 Recognition and Enforcement of Judgments within the United Kingdom
    Introduction
    Recognition
    Enforcement
    13.7 Judgments against States and European Community Judgments
    Recognition of Judgments Given against the United Kingdom
    Recognition of Enforcement of Judgments Given against Other States
    European Community Judgments
    Part II: Choice of Law
    Chapter 14 - Choice of Law in Contract
    14.1 Introduction
    The Common Law
    The Rome I Regulation
    The Scope of the Rome I Regulation
    Exclusion of the Doctrine of Renvoi
    14.2 Determining the Applicable Law
    The Applicable Law in Cases of Choice
    The Applicable Law in the Absence of Choice
    14.3 Mandatory Rules and Public Policy
    Introduction
    The Application of Mandatory Rules
    The Application of Overriding Rules
    Public Policy: Article 21
    14.4 Particular Aspects of the Contract
    Preliminary Remarks
    Consent and Material Validity: Article 10
    Formal Validity: Article 11
    Capacity
    Performance
    Interpretation
    Discharge
    Nullity
    Illegality
    Remedies
    14.5 Particular Contracts
    Contracts of Carriage
    Certain Consumer Contracts
    Insurance Contracts
    Individual Employment Contracts
    14.6 Miscellaneous Provisions
    Voluntary Assignment and Contractual Subrogation
    Legal Subrogation
    Multiple Liability
    Set-off
    Chapter 15 - Choice of Law: Non-contractual Obligations
    15.1 The Rome II Regulation
    Background of Events Leading to the Rome II Regulation
    General Overview of the Rome II Regulation
    Choice of Law Rules for Tort
    Choice of Law Rules for Other Non-contractual Obligations
    Other Provisions
    15.2 Choice of Law in Tort: Common Law Rules
    Background to the English Choice of Law Rules
    The Modern Common Law Position
    15.3 Choice of Law under Part III of the Private International Law (Miscellaneous Provisions) Act 1995
    Introduction
    The General Rule
    The Exception
    The Scope of the Applicable Law: Substance and Procedure
    Public Policy and Overriding Rules
    15.4 Parallel Claims and the Potential Interaction of Contract and Tort Choice of Law Rules
    Parallel Claims
    The Potential Interaction of Contract and Choice of Law Rules
    Chapter 16 - Proof of Foreign Law
    16.1 Foreign Law: A Question of Fact
    16.2 Cases in which Foreign Law Does not Have to be Proved
    16.3 Mode of Proof
    The Requirement of Evidence
    Uncontradicted Evidence
    Conflicting Evidence
    Who is an Expert?
    Decision on Points of Foreign Law in Subsequent Cases
    16.4 Appeals
    Chapter 17 - EC Regulation on Insolvency Proceedings
    17.1 Scope of the Insolvency Regulation
    General
    Exclusions
    Insolvency-related Proceedings
    Intra-UK Insolvencies
    17.2 Jurisdiction
    Two Sets of Conflicting Doctrines
    Main Proceedings
    Territorial Proceedings
    17.3 Choice of Law
    General Rule
    Exceptions
    17.4 Recognition and Enforcement
    General
    Powers of the Liquidator
    17.5 Miscellaneous
    The 'Hotchpot' Rule
    Publication of Insolvency Proceedings
    Creditors' Right to Lodge Claims and to Receive Information
    Chapter 18 - International Insolvencies Falling Outside the EC Insolvency Regulation
    18.1 Personal Insolvency/Bankruptcy
    Jurisdiction
    Choice of Law
    Effects of an English Bankruptcy Order
    Recognition
    Concurrent Proceedings
    18.2 Corporate Insolvency
    Jurisdiction
    Choice of Law
    Effects of an English Winding-up Order
    Recognition
    Concurrent Liquidations
    18.3 Judicial Co-operation
    Re HIH Casualty and General Insurance Ltd
    Chapter 19 - The Cross-Border Insolvency Regulations 2006
    19.1 Introduction
    19.2 General
    Scope
    Allocation of Jurisdiction between Courts in Great Britain
    Co-operation between Courts in Great Britain
    Inter-relationship between the Model Law and other International Instruments
    British Insolvency Officeholder Acting Abroad
    19.3 Access of Foreign Representatives and Creditors to English Courts
    19.4 Recognition of a Foreign Proceeding
    Relief Available upon the Application for Recognition of a Foreign Proceeding
    Effects of Recognition of a Foreign Main Proceeding
    Relief Available upon the Recognition of a Foreign Proceeding
    Protection of Creditors and Other Interested Persons
    Avoidance
    19.5 Co-operation with Foreign Courts and Foreign Representatives
    19.6 Concurrent Proceedings
    19.7 Conclusion and Overview
    Part III: Arbitration
    Chapter 20 - Arbitration: Introduction
    20.1 What is Arbitration Law?
    20.2 Various Types of Arbitration
    Domestic and International
    Ad Hoc and Institutional
    Specialised Arbitrations
    20.3 Trends in International Commercial Arbitration
    Encouragement
    Harmonisation
    20.4 Outline of English Arbitration Law
    The Foundations of Arbitration: the Arbitration Agreement
    The Powers of the Tribunal
    The Powers of the Court
    Chapter 21 - The Agreement to Arbitrate
    21.1 The Law Governing the Arbitration Agreement
    21.2 Enforcement of the Agreement to Arbitrate
    Introduction
    Conditions for the Grant of a Stay under Section 9
    The Effect of a Stay under Section 9
    Inherent Jurisdiction
    Chapter 22 - The Law Governing the Conduct of an Arbitration and the Scope of the Court's Powers
    22.1 Introduction
    Preliminary Remarks
    The 'Delocalisation' Theory
    The Importance of the Seat of Abritration
    22.2 The Scope of the Statutory Provisions: General Principles
    22.3 The Scope of the Statutory Provisions: Cases where the Seat of Arbitration Is in England
    Introduction
    Internal Aspects of the Procedure
    External Aspects of the Procedure
    22.4 Scope of the Statutory Provisions: Cases where the Seat is Abroad or no Seat Has Been Designated or Determined
    22.5 Jurisdiction in Proceedings Ancillary to an Arbitration
    Chapter 23 - The Law Applicable to the Merits of a Dispute Referred to Arbitration
    23.1 Introduction
    Types of Choice of Law Clause
    Legal Background
    23.2 The Position under the 1996 Act
    Section 46 of the 1996 Act
    The Exclusion of Section 46
    The Three Circumstances Envisaged by Section 46
    Cases where the Arbitrator Misapplies Section 46
    The Impact of Mandatory Rules
    Chapter 24 - Recognition and Enforcement of Arbitration Awards
    24.1 Preliminary Issues
    The Relationship between Enforcement and Setting Aside
    The Enforcement of Domestic Awards
    The Enforcement of Foreign Aribtration Awards
    24.2 Recognition and Enforcement of Foreign Awards under Part III of the Arbitration Act 1996
    The Scope of Part III of the 1996 Act
    Conditions for Obtaining Recognition or Enforcement
    Grounds for Refusing Recognition or Enforcement
    Discretion to Adjourn the Decision on Recognition or Enforcement
    24.3 Recognition and Enforcement of Foreign Awards at Common Law
    The Relationship between the Arbitration Act 1996 and the Common Law
    Methods of Enforcement
    Conditions for Recognition or Enforcement at Common Law
    Defences at Common Law
    24.4 Recognition and Enforcement of Foreign Awards under Part II of the Arbitration Act 1950
    The Relationship between Part II of the 1950 Act and Other Regimes
    Conditions for Recognition and Enforcement
    Defences to Enforcement
    24.5 Other Regimes for the Recognition and Enforcement of Foreign Arbitral Awards
    Part II of the Civil Jurisdiction and Judgments Act 1982
    Part II of the Administration of Justice Act 1920
    Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933
    Arbitration (International Investment Disputes) Act 1966
    Recognition of Awards Made by the Iran-US Claims Tribunal
    24.6 Awards, Judgments and the Cause of Action
    Confl icting Judgments and Awards
    The Effect of a Foreign Judgment on the Award
    The Effect of a Foreign Arbitral Award on the Cause of Action