ISBN-10:
1138333360
ISBN-13:
9781138333369
Pub. Date:
07/02/2020
Publisher:
Taylor & Francis
European Business Litigation / Edition 1

European Business Litigation / Edition 1

by Abla Mayss, Alan ReedAbla Mayss

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Overview

First published in 1998, European Business Litigation is a monograph produced as a follow-up step to European Business Law which contains a range of chapters, including a chapter on Business Litigation. Hence, as well as expanding on the issues raised in the chapter, this book provides an insight into the legal and policy problems involved in both the harmonisation process and the substantive EU laws adopted to ameliorate the situation in the field of Private International Law. More specifically, it examines the origin of EU laws in this area, considers the problems with their interpretation and implementation, and addresses the question of whether harmonisation has been achieved.

Product Details

ISBN-13: 9781138333369
Publisher: Taylor & Francis
Publication date: 07/02/2020
Series: Routledge Revivals Series
Pages: 652
Product dimensions: 6.00(w) x 9.00(h) x 0.00(d)

Table of Contents

Table of Cases ix

Preface xxvii

Biography xxix

1 Introduction 1

Reasons and Justifications 2

Fundamental Principles 6

Conclusion 12

2 The Brussels Convention on Jurisdiction and Enforcement of Judgments 1968: Preliminary Issues 13

Background to the Brussels Convention 13

Interpretation of the Convention 22

Scope of the Brussels Convention 29

Conclusion 37

3 The Brussels Convention: Bases of Jurisdiction 39

Introduction and Basic Principles 39

Defendants Domiciled in a Contracting State 41

Defendants Domiciled in a Non-Contracting State 59

Other Bases of Jurisdiction 62

4 Special Jurisdiction in Matters Relating to Contract Under Article 5(1) of the Brussels Convention 91

Jurisdiction in Matters Relating to a Contract: Art. 5(1) 92

Restitutionary Claims, Art. 5(1) and the Flawed Perspective of the English Courts 97

Disputed Facts 108

The Obligation in Question 109

Place of Performance 115

Conclusions 119

5 Special Jurisdiction for Tort Under Article 5(3) of the Brussels Convention: A Process of Europeanisation 121

Shevill v Presse Alliance S.A: An Appraisal of Art. 5(3) Jurisdiction 123

Shevill: A Decision Irreconcilable with Voth and English Case Precedents 134

Art. 5(3): Suitability of Fora and Plaintiff Protection 138

In Personam Tort Jurisdiction in the US 143

The Need for Reform of Australian Jurisdictional Principles Predicated on Art. 5(3) of the Brussels Convention 154

The Process of Europeanisation: Tolstoy Miloslavsky v The United Kingdom 156

6 Protective Jurisdiction Under the Brussels Convention 161

Individual Contracts of Employment 162

Contracts of Insurance 171

Certain Consumer Contracts 177

Conclusion 183

7 Prorogation of Jurisdiction and Lis Pendens 185

Introduction 185

Jurisdiction Clauses 186

Form of Jurisdiction Clauses 192

Limitations of Jurisdiction Agreements 200

Prorogation by Submission 202

Concurrent Proceedings in Different States 205

8 The Brussels Convention: Forum Non Conveniens and Negative Declarations 213

Forum Non Conveniens 213

The Brussels Convention Approach to Forum Non Conveniens: A Better Way? 230

Foreign Jurisdiction Clauses 237

The Impact of the Brussels Convention on Intra-UK Cases 240

Anti-Suit Injunctions 244

Negative Declarations or Declarations of Non-Liability 247

9 The Rome Convention 1980: Background and General Principles 251

Background and Legal Basis 251

Interpretation and Scope of the Rome Convention 254

10 The Applicable Law Under the Rome Convention 1980 279

Introduction 279

Express or Implied Choice of Law 282

Absence of Choice 291

Validity of the Contract 298

Limitations on the Applicable Law 301

Some Critical Conclusions 302

11 Special Contracts: Protected Consumer and Employment Contracts Under the Rome Convention 305

Consumer Contracts 306

Employment Contracts 313

A Corollary with Art. 5(5) of the Brussels Convention 319

Conclusion 321

12 Choice of Law in Tort 323

The Common Law Rule of Double Actionability for Defamation 324

A Comparative Analysis of European and Commonwealth Choice of Law Provisions 334

Reform of Applicable English Choice of Law Rules: The Private International Law (Miscellaneous Provisions) Act 1995 337

Public Policy 340

Characterisation 348

Conclusions 350

13 Recognition and Enforcement of Foreign Judgments at Common Law 353

The Jurisdictional Competence of the Original Court 354

Defences to Recognition and Enforcement 363

The Conditions of Enforceability 376

Conclusions 387

14 Recognition and Enforcement of Judgments Under the Brussels Convention 389

Introduction 389

Art. 25: The Meaning of Judgment Given in a Contracting State 391

Art. 27: Defences to Recognition 392

Art. 28: Defences Allowing a Limited Review of Jurisdiction 409

Art 30. Stay of Recognition Proceedings Pending Appeal 410

Enforcement of Judgments 411

New Developments: A Proposed Worldwide Hague Convention on Recognition and Enforcement 421

15 Conclusions; The European Experience 431

The Brussels Convention 431

The Rome Convention 437

Appendix 1 441

Appendix 2 479

Appendix 3 481

Appendix 4 487

Appendix 5 507

Appendix 6 551

Appendix 7 555

Appendix 8 559

Appendix 9 571

Appendix 10 593

Appendix 11 597

Appendix 12 599

Subject Index 603

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