Forum Non Conveniens
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Author | : Ronald A. Brand |
Publisher | : Oxford University Press |
Total Pages | : 359 |
Release | : 2007-07-27 |
Genre | : Law |
ISBN | : 0199745080 |
With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.
Author | : Ardavan Arzandeh |
Publisher | : Bloomsbury Publishing |
Total Pages | : 196 |
Release | : 2018-12-27 |
Genre | : Law |
ISBN | : 1509925783 |
The forum (non) conveniens doctrine provides the basis for the discretionary exercise of jurisdiction by English courts in private international law disputes. London's pre-eminence as a centre for international commercial litigation has led to its frequent deployment in proceedings where parties disagree over where a case should be heard. The doctrine's significance is not limited to England but extends to many Commonwealth jurisdictions which have embraced it. This is the first book-length study devoted entirely to examining the forum (non) conveniens doctrine's past, present, and future from the perspective of the law in England. By offering a meticulous and critical analysis of relevant historical and contemporary sources in England and elsewhere, it seeks to fill gaps in relevant knowledge of the English forum (non) conveniens doctrine, and challenge certain views concerning its operation that have come to be regarded as representing the orthodoxy. In this respect, the book attempts to refine our understanding of the doctrine's historical development, evaluate its application in the years following its formal recognition in England, and examine the case for revising it, given the changing nature of international commercial litigation in recent decades. The book's ultimate objective is to act as an authoritative and comprehensive reference point for those with an interest in the forum (non) conveniens doctrine, more specifically, and cross-border private litigation, more generally.
Author | : Chiara Giorgetti |
Publisher | : Brill Nijhoff |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Conflict of laws |
ISBN | : 9789004316522 |
Resolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the significant intellectual contribution of Professor Lea Brilmayer with essays from leading scholars and practitioners on conflicts of law and public international law.
Author | : Richard Frimpong Oppong |
Publisher | : Cambridge University Press |
Total Pages | : 559 |
Release | : 2013-09-12 |
Genre | : Law |
ISBN | : 0521199697 |
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author | : Philip J. Padovano |
Publisher | : West Group Publishing |
Total Pages | : 940 |
Release | : 2002-01 |
Genre | : Appellate procedure |
ISBN | : 9780314105400 |
Author | : Mathew Horsman |
Publisher | : |
Total Pages | : 330 |
Release | : 1994 |
Genre | : Political Science |
ISBN | : |
Traces the genesis of the nation-state, its rise as a form of organization and its expansion from Europe to America, Asia and Africa. Drawing on historical, economic and political analysis of the nation-state and its enemies, the authors argue that the time has come for a reappraisal of its role.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2007 |
Genre | : Civil procedure |
ISBN | : |
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Author | : Stephen C. McCaffrey |
Publisher | : |
Total Pages | : 750 |
Release | : 2010 |
Genre | : Law |
ISBN | : |
Transnational Litigation in Comparative Perspective: Theory and Application is the only casebook that examines the principal issues in transnational litigation from a comparative perspective. Each chapter focuses on a particular core problem that all legal systems must address. The first half of each chapter is devoted to exploring the theoretical context of the issue, thereby enabling students to appreciate the complexity of the problem and to see how achieving a resolution requires balancing competing interests. The second part of each chapter then focuses on how different systems deal with these challenges. Topics covered include protective measures, personal jurisdiction, forum non conveniens, forum selection clauses, state immunity, state doctrine, service of process, gathering evidence abroad, choice of law, and recognition and enforcement of foreign judgments. Distinctive Features *Uses a comparative approach that better prepares future lawyers for international litigation that may be initiated in countries other than the U.S. *Offers a hypothetical at the beginning of each chapter to introduce the fundamental issue; the hypotheticals raise questions that are diagnostic rather than prescriptive, leading to many "right" answers *Accommodates different types of courses--professors who employ a less theoretical approach can use the hypotheticals to ground class discussions *Considers issues unique to arbitration as they arise in connection with the various topics studied
Author | : Peter Hay |
Publisher | : |
Total Pages | : 0 |
Release | : 2017 |
Genre | : Conflict of laws |
ISBN | : 9781634593083 |
•Chapter 6, concerning the impact of the Constitution, has been streamlined to enhance “teachability.” The 2016 opinion in franchise tax Board versus Hyatt is now included as a principal case. •Chapters 7 and 8 present the central themes of choice of law. Both have been updated substantially. Chapter 8 has been considerably revised to show the progression from the traditional system, to the height of the conflicts revolution, to a developing consensus to consolidate modern analysis in a manner that provides more predictability and certainty. This revision is designed to give students -- most of whom have little or no familiarity with choice of law doctrine -- a b.
Author | : Gary Born |
Publisher | : Aspen Publishers |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Civil procedure |
ISBN | : 9780735507555 |
"The law governing international civil litigation has changed dramatically in the five years since the fourth edition was published. Recent decisions of the United States Supreme Court have had a significant impact on fields such as personal jurisdiction, sovereign immunity, and extraterritoriality. This current edition reflects those changes and raises important questions about the broader implications of those decisions ... Developments in this field are of course not limited to the United States. While the book still focuses primarily on United States law, the current edition deliberately incorporates more excerpts, more extensive references, and more questions concerning foreign law, especially European law. In part, this reflects an important reality--that successful practice in this area, even for the United States lawyer, requires a keen understanding of other legal systems". -- PREFACE OF THE FIFTH EDITON.