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Substance and Procedure in Private International Law by
When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines thedistinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referringmatters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitionerson how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.
Anglo-American Perspectives on Private International Law by
The book examines conflict of laws in the areas of family law, tort jurisdiction, choice of laws, and recognition and enforcement of foreign judgments. It provides an expertly drawn account of the common themes, related jurisprudence, and theoretical underpinnings that have guided Anglo-American traditions in these discrete areas.
Cheshire, North & Fawcett Private International Law by
The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including the newly finalised Rome II Regulation. The book is invaluable for the practitioner as well as being one of the leading students'textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law, a popular law school option. It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by academics who both previously worked as solicitors, there is extensive coverage of commercial topics suchas the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects offamily law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.
The American Choice-of-Law Revolution by
This book is an updated and expanded version of the General Course delivered by the author at the Hague Academy of International Law in 2002. The book chronicles and evaluates the intellectual movement known as the revolution in American private international law. This movement began in the 1960s, caught fire in the 70s, spread in the 80s and declared victory in the 90s, leading to the abandonment of the centuries-old choice-of-law system, at least for torts and contracts. This book: explores the revolution s philosophical and methodological underpinnings; provides the most comprehensive and systematic analysis of court decisions following the revolution; identifies the revolution s successes and failures; and proposes ways and means (including a new breed of smart choice-of-law rules) to turn the revolution s victory into success.
The Culture of International Arbitration and the Evolution of Contract Law by
This unique study investigates a theory of international arbitration culture alongside the publicly available arbitral awards, in order to make predictions about the contract law principles that international arbitrators are likely to favour. Drawing on interviews with prestigious practitioners in a range of jurisdictions, as well as case studies, conference papers, and unpublished awards, it presents a comparative analysis of arbitral and judicial responses to contractual principles.Part I presents the divergence in outcomes between national court litigation and international arbitration in relation to substantive law determinations, conducting in-depth case studies in two areas: the suspension of performance in response to non-performance, and the admissibility of extrinsic evidence to interpret contracts. Part II accounts for the conclusions of Part I with a comprehensive theory of arbitral decision-making, grounded in evidence gathered first-hand from arbitrators themselves.
International Arbitration and International Commercial Law by
One may say that the iura novit curia principle (or the judge knows the law) only comes into play when bad lawyers present bad arguments that lack a full and comprehensive analysis of the applicable law and its contents. Yet, this principle has found its way into various decisions not all of which resulted from bad lawyering. But has it become a universal principle that is generally applicable in International Commercial Arbitration or is it just a rare occurrence that differs in application and scope depending on the circumstances? Are tribunals bound by the parties' legal reasoning or can they apply a different legal basis ex officio without exceeding their mandate? How should tribunals ascertain the applicable law and its contents anyway if left in the dark by the parties? Should tribunals allow for a "sneak-preview" of their legal thinking and permit the parties to be heard if it departs from the parties' legal reasoning?
Legal Theory of International Arbitration by
International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the partiesâ
Forum Shopping and Venue in Transnational Litigation by
The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practical jurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of differentoutcomes in the resolution of any given dispute, litigation about where to litigate is inevitable. Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation. It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reasonwhy much transnational litigation settles once the issue of venue is resolved, in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions, most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicial comity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selection arrangements.
International Litigation Strategies and Practice by
This book focuses on the strategic and practical aspects of handling a transnational case. It first discusses the essentials, e.g., finding the right lawyer for the job overseas and communicating with foreign clients and lawyers.
Fundamentals of Transnational Litigation by 
Ethics in International Arbitration by
International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.
The Principles and Practice of International Commercial Arbitration by
This book provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules and guidelines. The second edition includes updates on rules and guidelines, such as the arbitration rules of the ICC, the SCC, the ACICA and UNCITRAL, as well as the 2010 IBA Rules on Taking of Evidence in International Arbitration. The author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices.
KluwerArbitration.com KluwerArbitration.com is the world's leading online resource for international arbitration research. It contains a wealth of commentary from expert authors and an extensive collection of primary source materials. Plus, as a subscriber, you gain access to exclusive materials including ICC cases and awards.
Litigation of International Disputes in U.S. Courts (WestlawNext) Litigation of International Disputes in U.S. Courts is a two-volume treatise addressing the complexities of transactional litigation in domestic courts.
Private International Law Research Guide - American Society of International Law. Private international law, sometimes also known as conflict of laws in common law-oriented jurisdictions, seeks to determine the applicable law and jurisdiction in private matters, such as business disputes and family law, across national boundaries. Another approach to dealing with legal relationships in a cross-border context is harmonization of municipal laws.
PLI - International Arbitration - This database contains awards, treatises, checklists and forms to assist lawyers in navigating the international arbitration process.
EISIL - Private International Law - The Electronic Information System for International Law has a database that focuses on private international law. This database focuses on finding the applicable law in a variety of disputes.
Transnational Dispute Management (TDM) - Online journal publishing about various aspects of international arbitration with a special focus on investment arbitration. Our subscription to the journal includes access to the database of legal and regulatory documents by country.
University of Kent - International Private Law Research Guide - This research guide provides links to other research guides on a variety of topics on international civil litigation.
UNIDROIT - The International Institute for the Unification of Private Law (Unidroit) is an independent intergovernmental Organisation with its seat in the Villa Aldobrandini in Rome. Its purpose is to study needs and methods for modernising, harmonising and co-ordinating private and in particular commercial law as between States and groups of States and to formulate uniform law instruments, principles and rules to achieve those objectives.
Investor - State Lawguide - Investor-State LawGuide enables you to utilize a methodical approach when researching investment treaty arbitration jurisprudence
International Commercial Law at Pace University Law School - This website includes case law interpreting the United Nations Convention on Contracts for the International Sale of Goods.
United Nations Commission on International Trade Law (UNICITRAL) - The core legal body of the United Nations system in the field of international trade law. A legal body with universal membership specializing in commercial law reform worldwide for over 40 years. Contains the CLOUT database which has case law interpreting UNICITRAL provisions.
International Materials Libguide - this libguide produced by the UGA Law Library has resources to finding law for a specific country or for treaties
Conflict of Law.net -- This website is intended as a news and discussion portal to those interested in the conflict of laws (otherwise known as private international law).
Transnational Blog - Reflections on Transnational Litigation and Commercial Law
Kluwer Arbitration Blog - Kluwer Arbitration Blog (KAB) is a publication of Kluwer Law International providing information and news on international arbitration.
ABA International Civil Litigation - ABA Section on International Civil Litigation. Provides links to relevant resources in this field.