Hélène van Lith, "International Jurisdiction and Commercial Litigation: Uniform Rules for Contract Disputes"
This exploration of the basic approaches to international jurisdiction in commercial contractual disputes contains a comprehensive analysis of jurisdictional regimes of major continental European countries, England, the United States and the Brussels Regulation 44/2001. It includes an exhaustive comparative study of each rule establishing jurisdiction over disputes arising from transnational commercial contracts entered into between private entities and/or corporations. The analysis includes key issues such as defendant’s forum, corporate domicile, contract jurisdiction, branch jurisdiction, transacting and doing business, and describes the importance of U.S. due process standards, fair trial considerations and the forum (non) conveniens doctrines. It further explores whether any common grounds in international jurisdiction rules exist and assesses the feasibility of a uniform global system for international contractual disputes also in relation to the previous work of The Hague Conference of Private International Law on a worldwide jurisdiction convention.
Foreword F.J.M. De Ly; Acknowledgements; Abbreviations; 1. Introduction; 2. Uniform jurisdiction rules in Europe: the Brussels Regulation; 3. National jurisdiction rules in continental Europe; 4. The traditional common law rules of England; 5. The jurisdictional scheme of the United States; 6. Contrasting approaches to international jurisdiction; 7. Assessing bases for international jurisdiction in contract disputes; 8. Correction mechanisms: jurisdictional requirements and exceptions; 9. Conclusions and propositions; Bibliography; Table of cases; Table of legislation; Index.
HT: Xandra Kramer via conflictoflaws.net