The second edition builds on the excellent reputation earned by the first as a comprehensive and practical work focussing on civil law claims and remedies. Its aim is to provide clear answers for practicioners whilst being willing to tackle some of the more complex and difficult areas such as proprietary remedies. The book covers all aspects of international commercial fraud litigation, ranging from issues of conflict laws, pre- emptive remedies (e.g. freezing orders, interim receivers, Norwich Pharmacal Orders), contentious insolvency litigations, to tracing assests. The book also covers substantive claims in areas such as trusts/ equity, contract, tort, restitution, company law and insolvency, as well as challenging asset protection devices in sham trusts and lifting the corporate veil, along with sanctions for non- compliance or contempt. Practical guidance on important procedural elements such as injunctions and disclosure is also provided. Detailed treatment of difficult topics such as unjust enrichment and conflict of laws is included and the new edition considers the impact of the Rome I and Rome II Regulations governing contractual and non- contractual obligations concerning choice of law issues. It also examines all relevant new case law such as Sinclair v Versailles concerning the impact on the right to obtain a proprietary claim in respect of a breach of fiduciary duty. The book draws together the disparate areas of the law that must be considered by commercial fraud litigators making a single and accessible reference source for practitioners and scholars.

The digital era shows an unprecedented worldwide flow of data within multinational companies and their external service providers. Binding Corporate Rules (BCRs) are designed to allow these companies to transfer personal data across borders in compliance with EU Data Protection Law. This is the first work to give an in-depth assessment of the BCR regime. It discusses the origins of the regime and the material requirements of BCR, as well as how they should be applied in practice and made binding on the companies and employees. It also covers how BCRs may provide for enforceable rights for the beneficiaries of the regime and how they should be brought in line with requirements of European rules on private international law. The work also analyses a number of significant academic debates in the areas of transnational private regulation and data protection. It reflects on the debates as to the legitimacy of transnational private regulation as a method of regulating corporate conduct and also focuses on the merits and shortcomings of BCR as a method for regulating global data transfers. This book is essential reading for those who need to understand more about the BCR regime, and require insight into how cross-border data transfers could be better protected in the future.

Hans van Loon has been at the forefront of private international law for well over a quarter of a century. Since joining the Hague Conference on Private International Law in 1978, he has presided over remarkable growth of the Organisation and significant changes to how it operates. He has been involved in the development of nine Hague Conventions, two of which are fast approaching 100 Contracting States, as well as the revision of the Statute of the Hague Conference. In his time as Secretary General, he has seen the Organisation's membership grow from 44 to 72 Members (with more than 60 non-Member States now party to at least one Hague Convention), which has turned the Hague Conference into a veritable world organisation. The continued relevance of the Hague Conference in the 21st century owes much to the commitment of Hans van Loon to private international law and his awareness of its role in a broader social context. This Liber Amicorum is a collection of contributions from friends and colleagues who have shared the negotiating table with Hans van Loon at various diplomatic sessions, collaborated with him on seminars and academic pursuits around the globe, and worked alongside him at the Permanent Bureau. Its pages are testament to a long and respected career, as well as to the meaningful relationships that Hans van Loon has developed along the way with academics, judges, practitioners and government officials from various legal backgrounds.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country's courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country's law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? The Advanced Introduction to Private International Law addresses these questions in a concise overview of the field. Key features include: Comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union Written in a clear and engaging style Addresses classic choice of law as well as international civil procedure Problem-oriented presentation Three parts presenting principal problems parties face in dealing with cases with an international dimension Considers how the field could develop in the future. Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to master the core principles behind private international law quickly.

Providing a thorough legal analysis of money in all its aspects, Mann on the Legal Aspect of Money has been the leading text on the private and public law of money ever since the publication of the first edition in 1939. This latest edition considers issues that arose in the course of the financial crisis, including the legal aspects of the Greek financial crisis, the implications of quantitative easing and the "lender of last resort" function of the central bank. Additionally, there is a new chapter on payment processes following the Payment Services Directive and legislation designed to reinforce legal arrangements in the context of payment systems. In a private law context, the book deals with the nature of money and its use in the payment of private debts and the right to interest and damages in the event of a delay in the payment of a monetary obligation. It also addresses the implications of money laundering regulations, sanctions and similar legislation in the context of monetary obligations. From a public law perspective, it explores the legal consequences of inflation and the erosion of monetary value as well as the structure of national monetary systems, including monetary pegs, currency boards and dollarization. In an international law context, the legal implications of monetary associations are considered including economic and monetary union in Europe. The text also considers the legal implications of fluctuating exchange rates and international obligations in relation to the national currency (e.g. exchange rate manipulation and discriminatory monetary practices). The seventh edition of Mann gives an up-to-date and detailed discussion of current matters, whilst continuing to provide an in-depth analysis on all aspects of monetary law in a single reference source.

This incisive book tackles a controversy that has plagued the Warsaw Convention 1929 and the Montreal Convention 1999 for decades: whether the conventions provide an independent cause of action upon which a plaintiff can rely directly when pleading their action, and, if so, whether that cause of action provides the exclusive remedy. This book resolves this controversy by presenting a new conceptual framework for understanding aviation law cause of action in the conventions. Written in a scholarly yet engaging style, this insightful book reveals foundational concepts for the conventions' regimes, from the legal relationships they govern, to the manner of their implementation in national law. Employing legal history and comparative law to support his arguments, David Cluxton enriches the doctrinal analysis with an in-depth academic study of the legal background to, and drafting history of, the Warsaw Convention, the subsequent development of the relevant issues, and the case law and commentary thereon. Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions will be a valuable resource for scholars and students of private air law, private international law and dispute resolution, while also being of great interest to aviation law practitioners and aviation insurers and policy-makers.

As the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, this book provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration. Rebutting arguments made against the enforceability of trust arbitration clauses, it highlights key traps for the unwary when drafting such clauses, and thereby provides readers with the necessary knowledge to enter by the narrow gate of trust arbitration, rather than by the broad gate of trust litigation. Key features include: Guidance for the drafting of trust arbitration clauses In-depth analysis of the European Convention on Human Rights (ECHR) and natural justice issues posed by trust arbitration Comparisons between several commonwealth jurisdictions to determine how trust arbitration could work in each system Analysis and commentary on multiple common law trust arbitration statutes, as well as relevant international treaties, including the Hague Trust Convention and the New York Convention Arbitrators, private client lawyers, trust professionals and scholars will greatly benefit from the detailed analysis and commentary in this book. Accessible in style, it will also prove invaluable to students of arbitration or trust law.

This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based. Shuai Guo conducts both normative and positive law analysis to investigate the status quo of available legal instruments that are used to recognise foreign resolution actions within three representative jurisdictions: the European Union, the United States and mainland China. Building on the traditional legal doctrines of private international law, financial law and insolvency law, this book proposes ten principles that should be applied to foreign bank resolution actions, offering innovative ideas for further research and study. Additionally, it fills the gap in scholarly research on the issue of cross-border bank resolution and formulates rules that would facilitate effective resolution actions across borders to achieve a global orderly resolution for banks. Recognition of Foreign Bank Resolution Actions will be key reading for researchers and students in the fields of private international law, finance and banking law. The technical legal issues addressed throughout the book will also appeal to insolvency and banking lawyers, as well as policy makers within the field.

This authoritative Commentary on the recast Regulation 2019/1111 on matters of matrimonial and parental responsibility presents a deep analysis of the Regulation and is authored by leading experts in family law and private international law. Employing a granular, article-by-article approach, the Commentary acts as a detailed reference point on the uniform jurisdiction rules for divorce, legal separation and marriage annulment, as well as for disputes over parental responsibility with an international element, including child abduction. It provides clear guidance on and interpretation of the jurisdictional rules on collaboration of authorities and on the recognition and execution of judicial verdicts. Key Features: Provides comprehensive article-by-article analysis Written by leading experts Explains the mechanics of Regulation 2019/1111 to practitioners and legal scholars alike Includes expansive reference to case-law and legal writings, and explains the relation with other EU regulations This meticulous and ambitious Commentary will be an indispensable companion for those involved in and practising family law, particularly in cases with a cross-border element, including judges, lawyers and child protection authorities. It will additionally be valuable for scholars of European family law and private international law.

Renmin Chinese Law Review, Volume 9 is the ninth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China. Volume 9 provides fresh perspectives on key topics including the notion of consequence in adjudication, legal illiteracy, and the nature of police defense behavior. Chapters by expert contributors in the field provide an insightful review of other crucial areas of Chinese law such as budgetary law, criminal law, copyright infringement, and labor contract law. Including illustrative case studies, and shining a light on new legal developments in China, this work is a rich resource for scholars of Chinese law and politics all over the world, as well as for policy-makers in the region.

Now in its second edition, and with significant updates and new material, Gilles Cuniberti's innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany. Key features of the second edition include: New topics covered in the fields of jurisdiction and foreign judgments Original discussions surrounding the 2019 Hague Convention on Judgments and the changes contemplated by the new US Restatement on Conflict of Laws US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments Carefully selected extracts from primary and secondary sources that build a clear picture of the field, as well as expert analytical commentaries and questions that set these extracts in context. Offering a unique comparison between the civil law and common law perspective, this revised and updated edition will be a key resource for students in private international law and conflict of law courses. Conflict of Laws: A Comparative Approach will also help to train lawyers who not only know the law of their own jurisdiction, but also need to have an understanding of the key differences between models, in order to be able to interact successfully with clients from other jurisdictions.

This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character. Key Features: A comparative approach with perspectives from five continents and a variety of legal traditions Critical discussion of every stage from the negotiation to the conclusion of the Convention Sound proposals for the Convention's implementation and application by States and regional organisations Contributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore Convention The Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation.

Arbitrators, unlike judges, are appointed by parties to resolve their transactional disputes. Because of such contractual appointment, arbitrators gain their authority from the parties, and thus must apply the law chosen by the parties to the dispute before them. However, there are overriding mandatory laws of other jurisdictions, that due to their imperative character may claim application to the dispute. The arbitrator, as a private adjudicator, has a duty to resolve a potential conflict that may arise between the law chosen by the parties and another mandatory law(s) that claims application and is not chosen by the parties. Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the recognition and enforcement of the award respectively. Legal scholars researching the law applicable in international commercial arbitration will find the answers they require within these pages, as will students. It will also prove helpful to practitioners, including arbitrators, judges and attorneys, as they deal with mandatory rules in practice.

This comprehensive Research Handbook considers the place of human security, both in practice and as a concept within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law's purpose. Contributions by leading authors in the field critically engage with 25 years of human security practice in different areas of international law and explore the challenges, successes and setbacks of realising human security in a state-based international legal order whilst re-conceptualizing central elements of international law from a human security perspective. Organised around six core themes, the Research Handbook shows how human security can be used as an overarching framework to preserve peace, protect people and counter vulnerability through international law. Progressive and engaging, this Research Handbook will be a key resource for scholars and students of public international law, security, and international relations, who wish to further their knowledge of human security as the central purpose of international law.

This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter. Featuring practical cases of judicial interactions between European and national courts, the contributions in this book analyse the multi-dimensional impact of a wide array of judicial interaction techniques such as the preliminary reference procedure, consistent interpretation, comparative reasoning, mutual recognition and disapplication. Constructed in an insightful manner, the book stimulates debate and dialogue across the boundaries of practice and academia, featuring exchanges of expertise and knowledge between legal practitioners and leading scholars. This timely book will be an invaluable resource for scholars and post-graduate students in courses on European fundamental rights, empirical research methods in law, EU litigation practice and judicial cooperation. It will also prove to be a useful guide for legal practitioners, providing practical and punctual analysis of the jurisprudence of the Court of Justice of the European Union on the application of the EU Charter of Fundamental Rights.

The purpose and doctrinal structure of private law remedies has undergone fundamental questioning over the last 25 years. This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent. Leading contributors from across the globe thoroughly analyse the steps taken to improve the clarity and functioning of the law and examine additions to the law's difficulties. Providing a uniquely in-depth engagement with the doctrine and theory of the topic, this Research Handbook will be of great interest to academics and students working and studying contract, equity, restitution or tort law, as well as practising lawyers in the field.

Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies.
Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense.
Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment.
Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment.
Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.

Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book's reputation for comprehensive coverage and attention to detail, Peter Stone provides an authoritative and accessible introduction to the subject.The book provides full analysis of the revised version of the Brussels I Regulation (in the form of Regulation 1215/2012), and gives attention to the proposed regulation on matrimonial property and the proposed revision of the regulation on insolvency proceedings. It considers issues relating to the harmonization of conflict of laws at the European Union level, and offers a critical assessment of developments across the main areas of concern. With the considerable advancement in this area of law since the first and second editions, academics, students and practitioners interested in international litigation in matters governed by private law will find the up-to-date coverage offered by this new edition of EU legislative measures in the sphere of private international law to be essential reading. Contents: 1. Introduction 2. History, Outline and Scope 3. Domicile 4. Alternative Jurisdiction 5. Protected Contracts 6. Exclusive Jurisdiction 7. Submission 8. Concurrent Proceedings 9. Provisional Measures and Taking Evidence 10. Recognition and Enforcement of Judgments 11. Enforcement Procedure 12. The Proper Law of a Contract 13. Contractual Issues and Exceptions 14. Protected Contracts 15. Torts 16. Restitution 17. Matrimonial Proceedings 18. Parental Responsibility 19. Maintenance and Property 20. Succession on Death 21 Insolvency Index

This is the first text to address all the instruments that will govern choice-of-court agreements in Europe and to engage in a practical discussion of their mutual relationship. The existing common law, which has dominated discussion of this subject for so long, will become less significant as European and international instruments become more widely applicable. The consequences of this, both for practitioners and business persons engaging in international transactions, are explained by thematic chapters covering all major issues affected. The work opens with an introduction to the components of a choice-of-court agreement and to the origins, principles, and status of the various instruments, making the text accessible to a broad practitioner audience. The scope of the instruments - territorial application, international application and subject-matter application - as well as conflicts between them, are addressed in Part II, which is devoted to guidance on deciding which instrument applies. Validity (substantive and formal), effects, remedies, and procedure are discussed in Part III, while Part IV tackles a range of more specialist areas, including insurance, consumer contracts, employment contracts, companies, and intellectual property. Comprehensive appendices follow, including the Hague Convention 2005 in its entirety, alongside extracts from Brussels I and Lugano, making this a standalone support for any practitioner facing unfamiliar questions in the area.

Now in its second edition, and with significant updates and new material, Gilles Cuniberti's innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany. Key features of the second edition include: New topics covered in the fields of jurisdiction and foreign judgments Original discussions surrounding the 2019 Hague Convention on Judgments and the changes contemplated by the new US Restatement on Conflict of Laws US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments Carefully selected extracts from primary and secondary sources that build a clear picture of the field, as well as expert analytical commentaries and questions that set these extracts in context. Offering a unique comparison between the civil law and common law perspective, this revised and updated edition will be a key resource for students in private international law and conflict of law courses. Conflict of Laws: A Comparative Approach will also help to train lawyers who not only know the law of their own jurisdiction, but also need to have an understanding of the key differences between models, in order to be able to interact successfully with clients from other jurisdictions.