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OverviewThe legal framework of cross-border commercial disputes is important and complex in practice, but it is increasingly difficult to discern the subject's structure and assumptions. This book is a definitive account of the law and practice of international commercial disputes in the English courts, which summarises the present state of the law, and articulates its underlying principles. It is intended to be accessible to non-specialist practitioners. The book offers an account of the subject which is comprehensive, yet also concise and highly focused, designed to reflect the perceptions and concerns of practitioners. A feature of the book is its emphasis on evolving areas of practice, and issues of difficulty. Such topics as the developing law of cross-border injunctions, and the relationship between national and community law are extensively explored. Where the law is uncertain or controversial, the rival arguments are examined and assessed. The emphasis is on the solution of current (or future) problems, in addition to explaining contested issues. It is as much concerned with the impact of litigation on cross-border transactions - including prospective planning and risk-avoidance - as it is with dispute resolution. It examines the scope of party choice, and the legal risks associated with cross-border business. Consideration is given as to how these risks might be avoided or reduced by planning or agreement, by adopting particular business structures, or by opting for alternative forms of dispute resolution. Full Product DetailsAuthor: Richard FentimanPublisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 17.50cm , Height: 5.10cm , Length: 25.20cm Weight: 1.572kg ISBN: 9780199265435ISBN 10: 0199265437 Pages: 832 Publication Date: 19 March 2010 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order ![]() Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsPART I: INTRODUCTION ; 1. Introduction ; PART II: LEGAL RISK AND MULTISTATE TRANSACTIONS ; 2. Managing Litigation Risk ; 3. Managing Transaction Risk ; PART III: THE LAWS GOVERNING MULTISTATE LITIGATION ; 4. The Laws Governing Multistate Transactions ; 5. The Dynamics of Choice of Law ; 6. The Content of Foreign Law ; PART IV: COMMENCING PROCEEDINGS ; 7. Strategic Choices ; 8. The Framework of Jurisdiction ; 9. Establishing Jurisdiction ; PART V: PREVENTING PROCEEDINGS ; 10. Excluded Claims ; 11. Declining Jurisdiction: Regulation 44/2001 ; 12. Declining Jurisdiction: Residual Rules ; 13. Procedural Objections ; 14. Preclusive Proceedings ; 15. Restraining Foreign Proceedings ; PART VI: ; 16. Recovering Transaction Loss ; 17. Preserving and Locating Assets ; 18. Enforcing Foreign JudgmentsReviewsThis book is a true jewel. It is thorough, complete, balanced, thoughtful, sophisticated, and authoritative... I congratulate the author for this outstanding contribution to the advancement of our discipline Symeon C. Symeonides, Dean and Alex L. Parks Distinguished Professor of Law, Willamette University, President, American Society of Comparative Law Richard Fentiman is a leading thinker on cross-border litigation and has produced a masterly exposition on litigation risk in high value transactions and of the legal underpinnings of international dispute resolution - highly original and pioneering Philip R Wood QC (Hon), Allen & Overy LLP, London Author InformationRichard Fentiman is Professor in Private International Law at the University of Cambridge and a Fellow of Queen's College, Cambridge. He previously practised full time as a solicitor, and is now consultant to the international law firm of Allen & Overy where he has advised on conflict of laws problems arising in commercial practice, as well as participating in their internal training programme. He is well known for his expertise and writing on the subject of private international law, and in particular for his book on 'Foreign Law in English Courts: Pleading, Proof and Choice of Law' (OUP, 1998) Tab Content 6Author Website:Countries AvailableAll regions |