Taking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include new material on the recast of the Brussels I Regulation, the impact of EU law on choice-of-court agreements and arbitration agreements, and controversial decisions on antisuit injunctions. A companion website features important updates to the law.
Trevor Hartley is Professor of Law Emeritus at the London School of Economics and Political Science, where he specialises in private international law and European Union law.
Part I. Starting Off: 1. Introduction; Part II. Jurisdiction: 2. Jurisdiction: an analysis; 3. Jurisdiction under EU law; 4. EU law: special jurisdiction; 5. The traditional English rules; 6. Developments in Canada; 7. US law: an outline; 8. Choice-of-court agreements; 9. Jurisdictional conflicts: the common-law approach; 10. Jurisdictional conflicts: the EU approach; 11. Special topic I: product liability; 12. Special topic II: defamation; Part III. Foreign Judgments: 13. Introduction to Part III; 14. EU law; 15. English law: jurisdiction; 16. English law: defences; 17. The Canadian conflicts (judgments) revolution; 18. US law: some highlights; Part IV. Procedure: 19. Freezing assets; 20. Obtaining evidence abroad: forum procedures; 21. Obtaining evidence abroad: international co-operation; Part V. Choice of Law: 22. Introduction to choice of law; 23. Torts; 24. Contracts: the principle of party autonomy; 25. Contracts: legal policy and choice of law; 26. The common-law countries: regulating business, protecting employees and helping consumers; 27. Foreign currency; 28. Property: tangible movables; 29. Contractual rights and property interests - I; 30. Contractual rights and property interests - II; 31 Contractual rights and property interests - III.