Studies in private international law ; v. 22.
"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 TheFuture 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"-- Provided by publisher.
Includes papers presented at a conference titled "Commercial Issues in Private International Law" held 16 February 2018, and hosted by the University of Sydney Law School. --ECIP editor's preface.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Commercial issues in private international law / Steven Rares In absentia : the evolution and reform of Australian rules of adjudicatory jurisdiction / Andrew Dickinson The exercise of jurisdiction and the role of enforcement / Vivienne Bath The case management stay in private international law / Reid Mortensen The 2005 Hague convention : a panacea for non-exclusive and asymmetric jurisdiction agreements too? / Brooke Marshall Reciprocal recognition and enforcement of foreign judgments in China : the proposal of a registration system / Jie (Jeanne) Huang Paying attention to choice of law in international commercial arbitration, or, why the conflict of laws always matters / Benjamin Hayward The conflict of laws as a shared language for the cross-border application of statutes / Maria Hook Choice of law in the age of statutes : a defence of statutory interpretation after valve / Michael Douglas New and alternative approaches to proof of foreign law : a practitioners' perspective / Justin Hogan-Doran and Dominique Hogan-Doran The rise of party autonomy in commercial conflict of laws / Yeo Tiong Min Developing Australian private international law : the Hague choice of court convention & the Hague principles of choice of law in international commercial contracts / Mary Keyes Concluding remarks / The Hon Justice Paul Le Gay Brereton AM RFD.
K7340.A6 C66 2019
Oxford ; London : Hart Publishing, an imprint of Bloomsbury Publishing Plc, 2019.