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International law --- Commercial law. Economic law (general) --- Conflict of laws --- Commercial law --- -Jurisdiction (International law) --- 340.97 --- Nd1 --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- Arbitration (International law) --- International courts --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Civil law --- Commercial law. --- Arbitrage (droit) --- Droit commercial (droit international) --- Droit international économique --- Conflict of laws - Commercial law --- Contentieux d'entreprise --- Sanctions économiques
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The new edition of this highly regarded work has been fully updated to reflect current trends and concerns in commercial litigation practice. It considers the many significant changes in the law since the first edition, and how they affect both the structure and drafting of commercial transactions, and the strategic choices of litigants. It includes extensive treatment of the recast Brussels I Regulation, which takes effect from January 2015, and which will significantly affect the handling of cross-border disputes. It offers extended analysis of important recent decisions including VTB v Nutritek, The Alexandros T, and Star Reefers v JFC. The book is a definitive account of the law and practice of international commercial litigation in the English courts, which describes the present state of the law, and articulates its underlying principles. It is intended to be of value to both specialist and non-specialist practitioners, and, by setting the principles of private international law in a practical context, to scholars in the field. The book offers an account of the subject which is comprehensive, and sophisticated in its analysis, but firmly grounded in addressing the challenges and concerns facing practitioners. The role of commercial litigation is examined, not merely in the resolution of disputes, but as an aspect of commercial practice. A feature of the book is its focus on evolving areas of practice, and issues of difficulty, with an emphasis on problematic decisions, and recent legislative changes. Particular emphasis is placed on how the principles established by the higher courts are applied in the Commercial Court. Where the law is uncertain or controversial, the rival arguments are examined and solutions considered. Emphasis is given to the impact of litigation on cross-border transactions, and its effect on legal risk. Mechanisms for managing the risks associated with cross-border litigation are extensively discussed, with particular emphasis on the drafting of effective jurisdiction and governing law clauses
International law --- Commercial law. Economic law (general) --- Conflict of laws --- Commercial law. --- Commercial law --- Conflict of laws - Commercial law
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Foreign law, Pleading and proof of --- Conflict of laws --- Preuve du droit étranger --- Droit international privé --- -Foreign law, Pleading and proof of --- -Conflict of laws --- -340.90941 --- Na4.igbr --- Evidence (Law) --- Judicial notice --- Pleading --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Civil law --- Preuve du droit étranger --- Droit international privé --- 340.90941 --- Foreign law, Pleading and proof of - Great Britain --- Conflict of laws - Great Britain
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Offering a definitive account of the state of private international law which is comprehensive, yet also concise and highly focused, designed to reflect the perceptions and concerns of practitioners, this title covers both civil and commercial matters, and also considers family law and personal status.
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Whether with regard to mass torts, civil-rights claims or as a means of private enforcement of antitrust and other regulatory policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. Long associated with the American model of class actions, an increasing number of EU Member States have made their own attempts at collective redress institutions. At the same time, the amendment of the Brussels I Regulation has shied away from dealing with the cross-border aspects of collective redress. In this book, a worldwide group of distinguished experts in private international law, civil procedure and regulatory law evaluate the problems of cross-border collective redress and provide proposals for a "European way" appropriate for the twenty-first century. This very topical work is, thus, indispensable for practitioners, academics, lobbyists and institutional agents.
Law of civil procedure --- European Union --- Class actions (Civil procedure) --- Exterritoriality --- Conflict of laws --- Recours collectifs (Procédure civile) --- Exterritorialité --- Procédure civile (Droit international privé) --- Civil procedure --- Class actions --- Droit privé (droit européen) --- Vente internationale --- Recours collectifs (droit) --- Droit international privé --- Recours collectifs (Procédure civile) --- Exterritorialité --- Procédure civile (Droit international privé) --- Droit international privé. --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Complex litigation --- Public interest law --- Citizen suits (Civil procedure) --- Parties to actions --- Conflict of laws - Class actions - European Union countries --- Class actions (Civil procedure) - European Union countries
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