Advanced Introduction to Private International Law and Procedure 2nd Edition

Author: Peter Hay
Publisher: Edward Elgar Publishing
ISBN: 9781803928876

Previous Edition ISBN: 9781786436801
Published In: July 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business 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 judgement recognized and enforced in a country with assets? This extensively updated second edition Advanced Introduction addresses these questions, providing a concise and refreshing overview of the field.

Key Features:

Problem-oriented presentation
Exploration of the expansion of American exercise of specific jurisdiction over out-of-state defendants
Consideration of the 2019 Hague Convention on Recognition and Enforcement of Judgment entering into force in 2023
Comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union

This thoroughly revised second edition is an excellent introduction for students and academics of private international law and international civil procedure. Its clear and engaging style will also allow practicing lawyers to master the core principles behind private international law.

Preface

1. Introduction: Basic issues

PART I. JURISDICTION TO ADJUDICATE

2. Forum-selection clauses

3. Jurisdiction over persons and things

PART II. THE APPLICABLE LAW (CHOICE OF LAW)

4. What law applies?

PART III. JUDGMENTS

5. Recognition and enforcement of foreign judgments

6. An assessment: tasks, developments, trends

Bibliography

Index