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Employment and Commercial Disputes: The International Aspects

By: Paul Nicholls, QC
Media of Employment and Commercial Disputes: The International Aspects
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Published: 03-12-2020
Format: Hardback
Edition: 1st
Extent: 408
ISBN: 9781526515803
Imprint: Bloomsbury Professional
Dimensions: 248 x 156 mm
RRP : €195.00

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About Employment and Commercial Disputes: The International Aspects

A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element.

Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK.

It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases.

As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given.

Table Of Contents

Part I – Introductory Matters
Chapter 1: Introduction
Chapter 2: Strategy/Tactics

Part II – Jurisdiction in Common Law Claims
Chapter 3: Jurisdiction of the High Court: Which court can hear the case?
Chapter 4: Stays of English High Court Proceedings/Declining Jurisdiction
Chapter 5: Restraining Proceedings

Part III – Applicable Law in Common Law Claims
Chapter 6: The Basics
Chapter 7: Choice of Law: Which system of law applies to the dispute?
Chapter 8: Illegality and Public Policy
Chapter 9: The Mandatory Rules of the Forum

Part IV – Enforcement
Chapter 10: Recognition of Foreign Judgments
Chapter 11: Enforcement
Chapter 12: Obtaining Evidence from Foreign Defendants

Part V – Practice and Procedure in the High Court
Chapter 13: Practical Considerations
Chapter 14: Practice and Procedure in the High Court
Chapter 15: Service of Proceedings Overseas and Substituted Service
Chapter 16: Security for Costs Against Foreign Claimants

Part VI – Statutory Employment Law
Chapter 17: The Territorial Scope of UK Employment Statutes
Chapter 18: Jurisdiction of the Employment Tribunal over Foreign Based Respondents
Chapter 19: Claims Based on EU law

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