This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuses on the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe. This fascinating analysis will be welcomed by practitioners and scholars alike.
This commentary is the first full scale article-by-article commentary in English ever to address the Brussels I Regulation. It is truly European in nature and style. It provides thorough and succinct indepth analysis of every single article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law. The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Its imminence could be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation is a well-known and renowned instrument. A true first: - The first truly European commentary on the Brussels I Regulation, the fundamental Act for jurisdiction, recognition and enforcement throughout Europe - The first commentary on the Brussels I Regulation written by a team from all over Europe - The first article-by-article commentary on the Brussels I Regulation in English
Dedicated to the memory of Peter E. Nygh (1933–2002), this book contains thirty original contributions authored by prominent private international law lawyers from all over the globe. Their themes include private international law, international litigation, arbitration, uniform law and European legal integration. Their treatises and approaches vary from thematic, in-depth studies to studies of a comparative nature. Born in Hamburg, Germany, and raised in the Netherlands and in Australia where his academic career started, Peter Nygh was one of the few scholars with excellent knowledge of both the common law and civil law legal systems and an in-depth understanding of their differences and similarities. He was an indispensable member, promoter and leader in the International Law Association and the Hague Conference on Private International Law. Most of these papers are based on supranational experiences and aim to continue a comparative law-based analysis of problems so well applied by Nygh.
This clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely:(i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgmentsrecognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed HagueConvention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and technical doctrines of res judicata and abuse of process are well known in the context of domestic judicial decisions, little has hitherto been written analysing how these doctrines apply when the judgment emanates from a foreign court. It is not surprising, therefore, thatthis area of law has been frequently confused and mis-applied. And yet the recognition of foreign judgments for preclusive purposes is an increasingly important area for practitioners and academics - especially for those interested in international commercial litigation, and not least given theimportant treaty developments that are occurring. For these reasons, this book is a very timely work. Written with a practitioner focus, it includes extensive references to res judicata authorities in the United Kingdom, Australia and Canada.
Tolkien on Chaucer, 1913-59 traces J. R. R. Tolkien's critical engagements with Geoffrey Chaucer from his undergraduate Oxford essays in 1913 to remarks in his retirement lecture in 1959. Reprinted with both Tolkien's own annotations and new notes from the authors, this book analyses his major articles such as ^"Chaucer as a Philologist: The Reeve's Tale", as well as his unpublished edition of the Reeve's Tale and his lectures on the Clerk's Tale and the Pardoner's Tale. Though his scholarship was best known for his work on Beowulf, Tolkien was also an expert on Geoffrey Chaucer. He lectured on Chaucer, edited Chaucer, and published essays on Chaucer. Tolkien on Chaucer, 1913-59 reprints many of these works for the first time, and documents Tolkien's career-long engagement with the poet and traces his influence in Tolkien's own works. Bowers and Steffensen reveal how the Reeve's Tale was a source for Tolkien's description of Merry and Pippin's battle with Saruman, and how the Pardoner's Tale influenced Tolkien's own story of men fighting to the death over a gold treasure. Chaucer emerges as a major source of inspiration for Tolkien's creative writings and profoundly formative in the creation of The Lord of the Rings.
This book describes the reaction of the common people to some of the tumultuous events which occurred in Northamptonshire and shaped England's history, and how this gave rise to many colourful folklore traditions. Especially rich in dialect, vocabulary, legends, and wondrous stories that have been handed down through the ages, the character of Northamptonshire and its people is firmly rooted in its folklore. There are tales of literary folk and noblemen, but always at the heart of Northamptonshire's folklore are the traditional beliefs, stories, events and customs of the common people. Daily life itself contained numerous beliefs and maxims, omens and superstitions - often based on fear of the uncertain - as well as being full of music and verse, dance and song. These delightful, revealing and sometimes fanciful traditions have remained hidden until now.
In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.
Illustrated with black and white and colored prints from Edvard Munch. Original pictorial wrappers and color illustrated frontispiece. Published alongside the exhibition of the same name. "This exhibition considers Munch's relevance to a modern world through three interpretive paths." (From the forward) These paths are the technical methods Munch used as a Symbolist printmaker, his reception and exhibitions in North American, and Munch's influence in popular culture. With several essays and a chronology.
English summary: This 'liber amicorum' for Peter Schlosser contains contributions written by internationally well-known specialists in the field of international civil procedure and arbitration. The articles concentrate on controversial issues such as transborder cooperation, international jurisdiction, enforcement of foreign judgements and arbitral awards, especially in regard to European legislation and international conventions. They focus on very delicate subject matters such as neutrality of arbitrators, taking evidence abroad and the limits of national sovereignty. German description: Die hier gesammelten Beitrage sind zwei wesentlichen Arbeitsgebieten des Jubilars gewidmet, dem internationalen Verfahrensrecht und der Schiedsgerichtsbarkeit. Aus diesen Bereichen werden aktuelle und grundsatzliche Probleme von weltweit anerkannten Spezialisten diskutiert. Im Vordergrund stehen die Probleme grenzuberschreitender Sachverhalte bei der Rechtsdurchsetzung, sei es im Bereich der staatlichen Gerichtsbarkeit, sei es in der alternativen Streitbeilegung, insbesondere der internationalen Schiedsgerichtsbarkeit. Die Thematik gewinnt durch die Europaische Rechtsetzungskompetenz und Gesetzgebung neben den internationalen Konventionen, insbesondere den Bemuhungen der Haager Konferenz um einheitliche Regelungen fur transnationale Probleme, neue Dimensionen. Themen wie der neue Europaische Vollstreckungstitel uber unbestrittene Forderungen, die besonderen Probleme der Brussel II a-Verordnung, der Entwurf eines Haager Ubereinkommens uber die Gerichtsstandswahl stehen neben Grundsatzfragen wie Armut der Schiedspartei, Neutralitat des Schiedsrichters, Anerkennungsproblemen bei einer Scheidung nach judischem Recht und Fragen aus dem Bereich des europaisch-amerikanischen Justizkonflikts. Die Beitrage spiegeln die internationale Diskussion in aktuellen und sensiblen Bereichen des internationalen Verfahrensrechts im weitesten Sinne.
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