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Commercial Issues in Private International Law

Commercial Issues in Private International Law

Author: Michael Douglas; Vivienne Bath; Mary Keyes; Andrew Dickinson
Publisher: Hart Publishing
ISBN: 9781509922871

Published In: June 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509946198

List Price: HKD 1,820.00

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Description
Contents

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As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency.

Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to the legal practice. In particular, it is essential to the modern practice of commercial law.

This book considers key issues at the intersection of commercial law and private international law. The authors include lawyers, barristers, judges and academics from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments.

The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements, on common law principles of private international law.

This book is for anyone interested in private international law. In particular, it may assist practitioners and students seeking to understand emerging and complex issues that arise in cross-border litigation.

Foreword

The Hon William Gummow AC

Editors’ Preface

Commercial Issues in Private International Law

The Hon Justice Steven Rares

PART I: JURISDICTION

In Absentia: The Evolution and Reform of Australian Rules of Adjudicatory Jurisdiction

Professor Andrew Dickinson

The Exercise of Jurisdiction and the Role of Enforcement Professor

Vivienne Bath

The Case Management Stay in Private International Law

Professor Reid Mortensen

PART II: FOREIGN JUDGMENTS

The 2005 Hague Convention: A Panacea for Non-Exclusive and Asymmetric Jurisdiction Agreements Too?

Ms Brooke Marshall

Reciprocal Recognition and Enforcement of Foreign Judgments in China: The Proposal of a Registration System

Dr Jie (Jeanne) Huang

PART III: CHOICE OF LAW

Paying Attention to Choice of Law in International Commercial Arbitration – or – Why the Conflict of Laws Always Matters

Dr Benjamin Hayward

The Conflict of Laws as a Shared Language for the Cross-Border Application of Statutes

Dr Maria Hook

Choice of Law in the Age of Statutes: A Defence of Statutory Interpretation after Valve

Mr Michael Douglas

PART IV: THE DEVELOPING LEGAL LANDSCAPE

New and Alternative Approaches to Proof of Foreign Law: A Practitioners’ Perspective

Mr Justin Hogan-Doran and Dominique Hogan-Doran SC

The Rise of Party Autonomy in Commercial Conflict of Laws

Professor TM Yeo

Developing Australian Private International Law: The Hague Choice of Court Convention & The Hague Principles of Choice of Law in International Commercial Contracts Professor

Mary Keyes

PART V: CONCLUDING REMARKS

Concluding Remarks

The Hon Justice Paul Le Gay Brereton AM RFD

Index