Commercial Issues in Private International Law: A Common Law Perspective
As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency.
Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to the legal practice. In particular, it is essential to the modern practice of commercial law.
This book considers key issues at the intersection of commercial law and private international law. The authors include lawyers, barristers, judges and academics from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments.
The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements, on common law principles of private international law.
This book is for anyone interested in private international law. In particular, it may assist practitioners and students seeking to understand emerging and complex issues that arise in cross-border litigation.
- The Hon William Gummow AC
- Editors’ Preface
- Commercial Issues in Private International Law
- The Hon Justice Steven Rares
- PART I: JURISDICTION
- In Absentia: The Evolution and Reform of Australian Rules of Adjudicatory Jurisdiction
- Professor Andrew Dickinson
- The Exercise of Jurisdiction and the Role of Enforcement Professor
- Vivienne Bath
- The Case Management Stay in Private International Law
- Professor Reid Mortensen
- PART II: FOREIGN JUDGMENTS
- The 2005 Hague Convention: A Panacea for Non-Exclusive and Asymmetric Jurisdiction Agreements Too?
- Ms Brooke Marshall
- Reciprocal Recognition and Enforcement of Foreign Judgments in China: The Proposal of a Registration System
- Dr Jie (Jeanne) Huang
- PART III: CHOICE OF LAW
- Paying Attention to Choice of Law in International Commercial Arbitration – or – Why the Conflict of Laws Always Matters
- Dr Benjamin Hayward
- The Conflict of Laws as a Shared Language for the Cross-Border Application of Statutes
- Dr Maria Hook
- Choice of Law in the Age of Statutes: A Defence of Statutory Interpretation after Valve
- Mr Michael Douglas
- PART IV: THE DEVELOPING LEGAL LANDSCAPE
- New and Alternative Approaches to Proof of Foreign Law: A Practitioners’ Perspective
- Mr Justin Hogan-Doran and Dominique Hogan-Doran SC
- The Rise of Party Autonomy in Commercial Conflict of Laws
- Professor TM Yeo
- Developing Australian Private International Law: The Hague Choice of Court Convention & The Hague Principles of Choice of Law in International Commercial Contracts Professor
- Mary Keyes
- PART V: CONCLUDING REMARKS
- Concluding Remarks
- The Hon Justice Paul Le Gay Brereton AM RFD