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International Commercial Litigation 2nd Edition by Richard Fentiman ISBN 019871291X 9780198712916

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International Commercial Litigation 2nd Edition Richard Fentiman Digital Instant Download

Author(s): Richard Fentiman
ISBN(s): 9780198712916, 019871291X
Edition: 2
File Details: PDF, 41.04 MB
Year: 2015
Language: english
SKU: EB-33056770 Category: Tag:

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ISBN 10: 019871291X 
ISBN 13: 9780198712916
Author: Richard Fentiman

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. The first edition was highly regarded and was cited with approval by the courts in a number of key decisions including Blue Sky One Ltd v Mahan Air (March 2010), Royal & Sun Alliance plc v Rolls Royce plc (July 2010), Sebastian Holdings Inc v Deutsche Bank AG (Aug 2010, Court of Appeal), Glacier Reinsurance AG & v Gard Marine & Energy Ltd (Oct 2010, Court of Appeal), Faraday Reinsurance Co Ltd v Howden North America Inc (Nov 2011, Commercial Court), Mauritius Commercial Bank Ltd v Hestia Holdings Ltd (May 2013, Commercial Court), Antonio Gramsci v Lembergs (June 2013, Court of Appeal), and The Alexandros T (6 Nov 2013, Supreme Court).

International Commercial Litigation 2nd Table of contents:

  • Introduction to International Commercial Litigation

    • 1.1 Defining International Commercial Litigation

    • 1.2 The Role of International Disputes in Global Trade

    • 1.3 Key Legal Principles and Concepts in International Litigation

    • 1.4 The Importance of Jurisdiction, Choice of Law, and Forum Selection

    • 1.5 Overview of International Commercial Arbitration vs. Litigation

  • Jurisdiction in International Commercial Litigation

    • 2.1 Understanding Jurisdiction: Domestic and International Contexts

    • 2.2 The Doctrine of Personal and Subject Matter Jurisdiction

    • 2.3 Jurisdictional Challenges and Disputes in International Litigation

    • 2.4 Forum Non Conveniens: Balancing Convenience and Justice

    • 2.5 Forum Selection Clauses and Their Enforceability

    • 2.6 The Role of International Treaties in Jurisdictional Matters

  • Choice of Law in International Commercial Litigation

    • 3.1 Conflict of Laws: The Principles of Choice of Law

    • 3.2 Determining the Governing Law in Cross-Border Disputes

    • 3.3 The Role of International Conventions and Agreements in Choice of Law

    • 3.4 Choice of Law in Contractual and Tortious Disputes

    • 3.5 Theories and Methods for Resolving Conflicts of Law

    • 3.6 The Impact of Foreign Legal Systems on Choice of Law

  • The Role of International Treaties and Conventions

    • 4.1 Key International Instruments Governing Commercial Disputes

    • 4.2 The Hague Convention on Choice of Court Agreements

    • 4.3 The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

    • 4.4 The United Nations Convention on Contracts for the International Sale of Goods (CISG)

    • 4.5 Bilateral and Multilateral Treaties in Cross-Border Commercial Disputes

    • 4.6 The Evolution of International Treaties in the 21st Century

  • Enforcement of Foreign Judgments

    • 5.1 The Challenges of Enforcing Foreign Judgments

    • 5.2 The Role of Recognition and Enforcement Mechanisms

    • 5.3 The Hague Convention on the Recognition of Foreign Judgments

    • 5.4 Reciprocity and the Politics of Enforcement

    • 5.5 National Court Approaches to Foreign Judgment Enforcement

    • 5.6 The Impact of International Human Rights on Judgment Enforcement

  • The Role of International Commercial Courts

    • 6.1 The Rise of International Commercial Courts

    • 6.2 Case Study: The Singapore International Commercial Court (SICC)

    • 6.3 The DIFC Courts in Dubai: A Regional Hub for Commercial Litigation

    • 6.4 The Role of Specialized Courts in Promoting Global Commercial Dispute Resolution

    • 6.5 Advantages and Challenges of International Commercial Courts

  • International Commercial Litigation in the European Union

    • 7.1 The Brussels I Regulation and Jurisdictional Rules in the EU

    • 7.2 The Rome I and Rome II Regulations on Choice of Law in Contract and Tort

    • 7.3 The Role of the European Court of Justice in International Commercial Disputes

    • 7.4 The Impact of Brexit on International Commercial Litigation in Europe

    • 7.5 The Future of EU-Based International Litigation Post-Brexit

  • Cross-Border Evidence and Discovery in International Commercial Litigation

    • 8.1 The Challenges of Obtaining Evidence Across Borders

    • 8.2 The Role of Letters Rogatory and Mutual Legal Assistance Treaties (MLATs)

    • 8.3 E-Discovery: Challenges in Digital Evidence Across Jurisdictions

    • 8.4 International Rules for Taking Depositions and Gathering Evidence

    • 8.5 Balancing Privacy Rights and the Need for Evidence in International Litigation

  • Alternative Dispute Resolution in International Commercial Litigation

    • 9.1 Mediation, Negotiation, and Conciliation in Cross-Border Disputes

    • 9.2 The Role of International Arbitration as an Alternative to Litigation

    • 9.3 Hybrid Dispute Resolution Mechanisms: Med-Arb and Arb-Med

    • 9.4 The Benefits of ADR in International Commercial Disputes

    • 9.5 The Relationship Between Litigation and Arbitration: Parallel Proceedings and Hybrid Models

  • Ethical Considerations in International Commercial Litigation

    • 10.1 Legal Ethics in Cross-Border Commercial Disputes

    • 10.2 Conflicts of Interest in Multi-Jurisdictional Litigation

    • 10.3 The Role of Corporate Social Responsibility in International Litigation

    • 10.4 The Ethics of Forum Shopping and Jurisdictional Manipulation

    • 10.5 The Role of Lawyers in Ensuring Fairness and Justice in International Litigation

  • International Commercial Litigation in the Digital Age

    • 11.1 The Rise of Digital Platforms and E-Commerce Litigation

    • 11.2 The Impact of Data Privacy Laws on Cross-Border Litigation

    • 11.3 Cybersecurity Concerns in International Disputes

    • 11.4 Jurisdictional Challenges in the Age of Global Internet Connectivity

    • 11.5 The Future of International Litigation in a Technologically-Connected World

  • Case Studies in International Commercial Litigation

    • 12.1 Landmark Cases in International Commercial Litigation

    • 12.2 Analysis of Cross-Border Disputes and Their Legal Implications

    • 12.3 The Role of Courts in International Dispute Resolution: Case Examples

    • 12.4 The Impact of International Trade Agreements on Litigation Outcomes

    • 12.5 Lessons Learned from High-Profile International Commercial Cases

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Tags: Richard Fentiman, Commercial Litigation