| Description |
1 online resource (409 pages) |
| Series |
Studies in Private International Law Ser |
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Studies in Private International Law Ser
|
| Contents |
Intro; Foreword; Series Editor's Preface; Editors' Preface; Table of Contents; List of Contributors; Table of Cases; Table of Legislation; 1. Commercial Issues in Private International Law; I. The Leges Maritima and Mercatoria; II. Long-arm Service; III. Stays and Anti-suit Injunctions; IV. Electronic Communication; V. Cross-border Insolvency; VI. Conclusion; PART I: JURISDICTION; 2. In Absentia: The Evolution and Reform of Australian Rules of Adjudicatory Jurisdiction; I. Introduction; II. The Development of Adjudicatory Jurisdiction in New South Wales; III. The 2016 Reforms; IV. Conclusion |
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3. The Exercise of Jurisdiction and the Role of EnforcementI. Introduction; II. Recent Cases; III. Discussion; IV. Conclusion; 4. The Case Management Stay in Private International Law; I. Introduction; II. The Case Management Stay in Europe; III. The Case Management Stay Outside Europe; PART II: FOREIGN JUDGMENTS; 5. The 2005 Hague Convention: A Panacea for Non-Exclusive and Asymmetric Jurisdiction Agreements Too?; I. What are Exclusive and Non-Exclusive Jurisdiction Agreements under the Convention? |
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II. Conditions for Recognition and Enforcement of Judgments Rendered by Courts with Non-Exclusive JurisdictionIII. Evaluation: Recognition and Enforcement under the Convention Versus the Status Quo; IV. Conclusion; 6. Reciprocal Recognition and Enforcement of Foreign Judgments in China: The Proposal of a Registration System; I. Introduction; II. Promising Developments; III. Institutional Design: A Foreign Judgment Registration System; IV. What Judgments can be Registered?; V. What are the Jurisdictional Grounds to Set Aside Registration?; VI. Conclusion; PART III: CHOICE OF LAW |
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7. Paying Attention to Choice of Law in International Commercial Arbitration -- or -- Why the Conflict of Laws Always MattersI. Introduction; II. Definitions and Scope; III. The Problem Stated-Presenting Choice of Law and Conflicts of Laws as Binary Alternatives; IV. The Interactions of Choice of Law and Conflicts of Laws in International Commercial Arbitration; V. Conclusion; 8. The Conflict of Laws as a Shared Language for the Cross-Border Application of Statutes; I. The Problem: Silent Statutes and Foreign Facts; II. The Two Approaches; III. A Conflict of Disciplines? |
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IV. Resolving the ConflictV. Brown-Take Three; VI. Conclusion; 9. Choice of Law in the Age of Statutes: A Defence of Statutory Interpretation after Valve; I. Introduction; II. Valve; III. Statutory Interpretation in Cross-Border Litigation; IV. The Policy of the Law in Cross-Border Litigation; V. Conclusion; PART IV: THE DEVELOPING LEGAL LANDSCAPE; 10. New and Alternative Approaches to Proof of Foreign Law: A Practitioners' Perspective; I. Introduction; II. Orthodox Approach; III. Addressing the Limitations of the Orthodox Approach; IV. Conclusion |
| Notes |
11. The Rise of Party Autonomy in Commercial Conflict of Laws |
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Print version record |
| Form |
Electronic book
|
| Author |
Dickinson, Andrew
|
|
Douglas, Michael
|
|
Keyes, Mary
|
| ISBN |
9781509922895 |
|
150992289X |
|
