Coming Soon Principle and Pragmatism in Private International Law: Essays for Richard Fentiman

Law

Principle and Pragmatism in Private International Law: Essays for Richard Fentiman

Edited by Pippa Rogerson · Louise Merrett · Marie Louise Kinsler KC · Faidon Varesis
Coming Soon Hart Publishing Available November 2026

Specifications

ISBN-13
9781509994717
Publisher
Hart Publishing
Publication
November 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

From anti-suit injunctions to digital-age risk, this book gives practitioners and scholars an unrivalled roadmap to international commercial litigation.

Principle and Pragmatism in Private International Law delivers a one-stop roadmap for today's cross-border dispute-solvers, uniting leading voices on private international law around the twin hallmarks of Richard Fentiman's thought: doctrinal clarity and commercial pragmatism.

Spanning five thematic parts - General Principles; Choice of Law & Foreign Law; Jurisdiction and Jurisdiction Agreements; Cross-border Injunctions; and Risk - the book probes more than forty landmark cases and channels insight from contributors based in the UK, Europe, North America, Australia, Korea and New Zealand. Essays test the limits of Rome II, Brussels I bis, the Hague Choice of Court Convention, and recent Supreme Court decisions such as UniCredit and Brownlie, supplying concrete guidance on forum selection, governing law, enforcement strategy and litigation risk.

For researchers, advanced students, litigators, and arbitrators, this book delivers doctrinal depth and strategic know-how in equal measure. It stands as a timely tribute to a scholar whose ideas shape courts and classrooms worldwide-and the essential desk companion for anyone navigating private international law today.

Table of Contents

Introduction
Part 1: General Private International Law Topics
1.Comparative Legal Method: Where Private International Law Falls Short, Horatia Muir Watt (Sciences Po, France)
2.Who is Private International Law For?, Alex Mills (University College London, UK)
3. The Subject of Private International Law, Haris Pamboukis (National and Kapodistrian University of Athens, Greece)

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Part 2: Choice of Law and Foreign Law
4. Substance and Procedure in the Award of Interest in Cases of Personal Injury, Pippa Rogerson (University of Cambridge, UK)
5. Anti-suit Injunctions: A Welcome Oasis or a Mirage for Civil Law Jurisdictions?, Min Kyung Kim (Incheon District Court, the Judiciary of Korea)
6. Foreign Law in English Courts: Where Are We Now?, Marie Louise Kinsler KC (2 Temple Gardens, UK)
7. How Foreign is Foreign Law?, Ralf Michaels (Queen Mary University London, UK)
8. The Identification and Application of Foreign Unwritten Law, Henry Forbes Smith KC (One Essex Court, UK)
9. The Scope and Operation of a Flexible Exception to General Rules for Choice of Law in Tort, Such as Art 4(3) of Rome II, Stephen Pitel (Western University Canada)
10. Foreign Law in International Litigation: A Transnational Approach?, Soterios Loizou (King's College London, UK)
11. Presumption of Similarity Between Foreign Law and Local Law, International Element and the Inkreal Judgment, Monika Pauknerová (Charles University, Prague)

Part 3: Jurisdiction and Jurisdiction Agreements
12. The Implications of England as a Magnet Jurisdiction, Campbell McLachlan (University of Cambridge, UK)
13. What Lies Ahead for the U.S. Law of Judicial Jurisdiction?-Recent Developments and a Possible Transformation of US Law, Linda Silberman (New York University, USA)
14. The Objective Scope of Jurisdiction Agreements, Corinne Widmer Lüchinger (University of Basel, Switzerland)
15. The “Null and Void” Exception to Jurisdiction Agreements – Brussels-Lugano, the Hague, New York – and Cambridge, Arnaud Nuyts (University of Brussels, Belgium)
16. Parallel Proceedings Between State Courts and Arbitral Tribunals (Also Considering Proceedings between Arbitral Rribunals), Faidon Varesis (University of Cambridge, UK)

Part 4: Injunctions
17. Anti-Suit Injunctions to Restrain Breaches of Foreign Seat Arbitration Clauses, Jonathan Harris KC (King's College London, UK)
18. Comity As the Basis for the Foreign Act of State Doctrine: A Shaky Ground, Hayk Kupelyants (King's College London, UK)
19. Restraining Foreign Proceedings: The Difference a Jurisdiction Clause Makes, Mary Keyes (Griffith University, Australia)
20. Pragmatism and Strategy in Transnational Injunctions, Nikitas Hatzimihail (University of Cyprus)

Part 5: Risk
21. Managing Risk in International Commercial Litigation, William Day (Downing College, UK)
22. Dispute Resolution and the Shift from Risk to Uncertainty: Navigating Ambiguity in New EU Digital Regulations, Andrej Savin (Copenhagen Business School, Denmark)
23. Restructurings, Jurisdiction and the Idea of Sufficient Connection, Adam Johnson (Chancery Division of the High Court, UK)
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