Commercial issues in private international law : a common law perspective / edited by Michael Douglas, Vivienne Bath, Mary Keyes and Andrew Dickinson.

Oxford : Hart Publishing, 2019.

1st edition

89478

Conflict of laws -- Commercial law -- Englishspeaking countries -- Congresses.

1. Commercial issues in private international law

Part I: Jurisdiction

2. In absentia: the evolution and reform of Australian rules of adjudicatory jurisdiction

3. The exercise of jurisdiction and the role of enforcement

4. The case management stay in private international law

Part II: Foreign judgments

5. The 2005 Hague convention: a panacea for non-exclusive and asymmetric jurisdiction agreements too?

6. Reciprocal recognition and enforcement of foreign judgments in china: the proposal of a registration system

Part III: Choice of law

7. Paying attention to choice of law in international commercial arbitration - or - why the conflict of laws always matters

8. The conflict of laws as a shared language for the cross-border application of statutes

9. Choice of law in the age of statutes: a defence of statutory interpretation after valve

Part IV: The developing legal landscape

10. New and alternative approaches to proof of foreign law: a practitioners' perspective

11. The rise of party autonomy in commercial conflict of laws

12. Developing Australian private international law: the Hague choice of court convention & the Hague principles of choice of law in international commercial contracts

Part V: Concluding remarks

13. Conclusion.

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 The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to 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 judges, academics and practising lawyers, 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. - Publisher's website.

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.

Includes bibliographical references and index.

9781509922871

lxi, 346 p. ; 25 cm