The 2019 Hague Judgments Convention (Oxford Private International Law Series)

Brand, Ronald A.

Herrup, Paul

Coffee, Michael S.

Business

Oxford University Press

With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements.   Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.

Forum Non Conveniens: History, Global Practice, and Future under the Hague Convention on Choice of Court Agreements

Jablonski, Scott R.

Foreign & International Law

The CISG is the United Nations Convention on Contracts for the International Sale of Goods; a treaty ratified by about 70 countries that provides a uniform international sales law. The occasion of the CISG's 25th anniversary signals something extremely significant in the world of international commercial law: the true coming of age of the CISG, as evidenced by (and as a result of) several thousand available court and arbitration decisions world-wide applying the CISG. To celebrate this occasion, a conference was organized by the University of Pittsburgh's Center for International Legal Education and the United Nations Commission on International Trade Law (UNCITRAL). Drafting Contracts Under the CISG is a collaborative and important result of that conference. This publication brings together the intellectually sophisticated yet extremely practical and original contributions written by leading CISG scholars from around the globe and practitioners experienced in dealing with the CISG. Included are 140 sample clauses, a complete model sales agreement, and contextual analysis of contract drafting issues. The CISG is a new reality and is very relevant to US attorneys at the planning and negotiation stages of a sales transaction. It is increasingly the case that a lawyer in the US, or virtually anywhere else, cannot adequately serve a client's needs without knowledge of and skill in using the Convention to help, for example, prevent transactions from aborting over choice of law conflicts, and to offer alternatives that can resolve bargaining impasses. International commercial lawyers will find sample clauses dealing with major contract issues under the CISG, including: � opting into the CISG while providing an appropriate gap-filling source of law � passage of risk of loss � right to inspection of goods � force majeure � warranties and warranty disclaimers � limitations on remedies � choice of forum � pre-contractual relationships and prior communications � confidentiality of negotiations � retention of the power of revocation of an offer � strict time limits for acceptance of an offer � the "battle of the forms" � the law governing contract validity � parole evidence � party rights upon breach � notice requirements to preserve rights � notice of avoidance � entitlement to interest � specific performance versus damages � buyer's right to substitute goods

Drafting Contracts Under the CISG

Flechtner, Harry M.

Walter, Mark S.

Reflecting the authors' many years of diverse practice experience in international litigation and arbitration matters, the real world problems posed in this law school casebook will engage students and provide lasting knowledge through a ;see it, do it, know it; approach. Chapters address critical topics, including the role of the international lawyer, tips for international research and international resources, jurisdiction, service of process, obtaining the evidence, act of state, foreign sovereign immunity, and enforcement of judgments. An entire chapter is devoted to mediation and arbitration issues, including a stand-alone problem on mediation and arbitration planning and clause drafting. The second edition adds a problem on pretrial provisional relief and the lengthy problem on choice of foreign law and proof of foreign law has been divided into two problems. Attention is given to many significant developments such as the Hague Convention on Choice of Courts Agreement, the new Uniform Foreign Country Money-Judgments Recognition Act, the privatization of service of process in the United States under the Hague Convention, and recent U.S. and foreign judicial rulings.

International Civil Dispute Resolution, Documents Supplement

Epstein, David

Gordon, Michael W.

Baldwin, Charles S.

West Academic

Reflecting the authors' many years of diverse practice experience in international litigation and arbitration matters, the real world problems posed in this law school casebook will engage students and provide lasting knowledge through a ;see it, do it, know it; approach. Chapters address critical topics, including the role of the international lawyer, tips for international research and international resources, jurisdiction, service of process, obtaining the evidence, act of state, foreign sovereign immunity, and enforcement of judgments. An entire chapter is devoted to mediation and arbitration issues, including a stand-alone problem on mediation and arbitration planning and clause drafting. The second edition adds a problem on pretrial provisional relief and the lengthy problem on choice of foreign law and proof of foreign law has been divided into two problems. Attention is given to many significant developments such as the Hague Convention on Choice of Courts Agreement, the new Uniform Foreign Country Money-Judgments Recognition Act, the privatization of service of process in the United States under the Hague Convention, and recent U.S. and foreign judicial rulings.

International Civil Dispute Resolution (American Casebook)

West Group

The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recognized and enforced around the globe. The convention, and the proposed treatise, will serve as an indispensable source for both transactions lawyers drafting the transnational commercial contracts of the future and for litigators involved in the resolution of disputes between parties to important transnational commercial transactions.

The 2005 Hague Convention on Choice of Court Agreements: Commentary and Documents

Cambridge University Press

This Documents volume is a companion to Fundamentals of International Business Transactions (Kluwer Law International, ISBN 90-411-9632-3) and provides all the supporting sources for students and practitioners seeking information on international commercial law.

Fundamentals of International Business Transactions, Documents

Business & Money

International

Kluwer Law International

There are many guides to the conduct of international business transactions, but none as comprehensive and detailed as this. It clearly identifies in great depth the many sources of risk in cross-border transactions, analyzes the legal instruments that provide protection to the parties, and describes the practical means--institutional, purchased, and negotiated--of reducing, reallocating, and perhaps even eliminating risks. 
Each chapter covers a distinct element of risk, with insightful commentary on the relevant national, regional, and international laws and detailed analyses of leading and defining cases from many jurisdictions and international courts, as well as considerations of significant scholarly contributions and guidance through insurance options and matters for negotiation. 
Beginning with the entry-level commercial transaction and letter of credit financing, the author moves through issues of commercial law, dispute resolution, sovereign involvement, public international law, antitrust law, and taxation. Along the way, he highlights types of transaction to which host country law has special application. 
The crucial issues of jurisdiction, choice of forum in dispute resolution, recognition and enforcement of judgments, foreign currency judgments, and defenses against claims of sovereign immunity all arise in context with detailed critical analysis and commentary. Other matters covered include the commercial and political risk insurance provided by such US agencies as the Export-Import Bank and the Overseas Private Investment Corporation (OPIC), and the protection for investors offered by the International Centre for Settlement of Investment Disputes (ICSID), and the draft Multilateral Treaty on Investment (MAI).

Fundamentals of International Business Transactions

Springer

Recognition and Enforcement of Foreign Judgments

Federal Judicial Center

Independently published

See the best price to sell, buy, or rent books by Brand, Ronald A.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Brand, Ronald A.