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Commercial Issues in Private International Law

A Common Law Perspective

Editor(s): Michael Douglas, Vivienne Bath, Mary Keyes, Andrew Dickinson
Media of Commercial Issues in Private International Law
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Published: 13-06-2019
Format: PDF eBook (?)
Edition: 1st
Extent: 408
ISBN: 9781509922895
Imprint: Hart Publishing
Series: Studies in Private International Law
RRP: £102.60
Online price : £92.34
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Loren Epson

About Commercial Issues in Private International Law

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.

Table Of Contents

1. Commercial Issues in Private International Law
Justice Steven Rares

PART I
JURISDICTION
2. In Absentia: The Evolution and Reform of Australian Rules of Adjudicatory Jurisdiction
Andrew Dickinson
3. The Exercise of Jurisdiction and the Role of Enforcement
Vivienne Bath
4. The Case Management Stay in Private International Law
Reid Mortensen

PART II
FOREIGN JUDGMENTS
5. The 2005 Hague Convention: A Panacea for Non-Exclusive and Asymmetric Jurisdiction Agreements Too?
Brooke Marshall
6. Reciprocal Recognition and Enforcement of Foreign Judgments in China: The Proposal of a Registration System
Jie (Jeanne) Huang

PART III
CHOICE OF LAW
7. Paying Attention to Choice of Law in International Commercial Arbitration – or – Why the Conflict of Laws Always Matters
Benjamin Hayward
8. The Conflict of Laws as a Shared Language for the Cross-Border Application of Statutes
Maria Hook
9. Choice of Law in the Age of Statutes: A Defence of Statutory Interpretation after Valve
Michael Douglas

PART IV
THE DEVELOPING LEGAL LANDSCAPE
10. New and Alternative Approaches to Proof of Foreign Law: A Practitioners' Perspective
Justin Hogan-Doran and Dominique Hogan-Doran
11. The Rise of Party Autonomy in Commercial Conflict of Laws
Yeo Tiong Min
12. Developing Australian Private International Law: The Hague Choice of Court Convention & The Hague Principles of Choice of Law in International Commercial Contracts
Mary Keyes

PART V
CONCLUDING REMARKS
13. Conclusion
Justice Paul Le Gay Brereton, AM, RFD

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