OXFORD UNIVERSITY PRESS

International Commercial Litigation (2nd edition)

ISBN : 9780198712916

参考価格(税込): 
¥60,258
著者: 
Richard Fentiman
関連カテゴリー
ページ
816 ページ
フォーマット
Hardcover
サイズ
175 x 253 mm
刊行日
2015年01月
メール送信
印刷

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).

目次: 

PART I: INTRODUCTION
1. Introduction
PART II: LEGAL RISK AND MULTISTATE TRANSACTIONS
2. Managing Litigation Risk
3. Managing Transaction Risk
PART III: LIABILITY AND RECOVERY IN MULTISTATE LITIGATION
4. The Dynamics of Choice of Law
5. The Laws Governing Multistate Transactions
6. The Laws Governing Recovery
PART IV: COMMENCING AND PREVENTING PROCEEDINGS
7. Strategic Choices
8. The Framework of Jurisdiction
9. Establishing and Challenging Jurisdiction
10. Excluded Claims
11. Declining Jurisdiction: The European Regime
12. Declining Jurisdiction: The European Regime and Third States
13. Declining Jurisdiction: English National Law
14. Procedural Objections to Proceedings
15. Preclusive Proceedings
16. Restraining Foreign Proceedings
PART V: EFFECTIVE ENFORCEMENT
17. Preseving Judgement Assets
18. Enforcing Judgement Debts
PART VI: THE CONDUCT OF PROCEEDINGS
19. Procedure, Costs, and Evidence in Multistate Disputes
20. The Proof of Foreign Law

著者について: 

Richard Fentiman was formerly a Solicitor in the City of London, and remains active as a consultant and lecturer for major law firms. He has been involved in many recent law reform initiatives in the area of cross-border litigation, and is responsible for the highly regarded graduate course on International Commercial Litigation at Cambridge. He is well known for his expertise and writing in the areas of private international law and international dispute resolution, and in particular for his book on 'Foreign Law in English Courts: Pleading, Proof and Choice of Law' (OUP, 1998), the leading text on the subject.

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