Transaction planning using rules on jurisdiction and the recognition and enforcement of judgments / Ronald A. Brand.

Format:

Book

Author/Creator:

Brand, Ronald A.

Series:

The Pocket Books of The Hague Academy of International Law / Les livres de poche de l'Académie de droit international de La Haye 22.

AIL-pocket

Language:

English

Subjects (All):

Conflict of laws--Commercial law--United States.

Conflict of laws--Commercial law--European Union countries.

Conflict of laws--Jurisdiction--United States.

Conflict of laws--Jurisdiction--European Union countries.

Judgments, Foreign--United States.

Judgments, Foreign--European Union countries.

Judicial assistance--United States.

Judicial assistance--European Union countries.

Physical Description:

1 online resource (359 pages) : illustrations

Edition:

1st ed.

Place of Publication:

[The Hague] : Hague Academy of International Law, 2014.

Language Note:

English

Summary:

Private international law is normally discussed in terms of rules applied in litigation involving parties from more than one State. Those same rules are fundamentally important, however, to those who plan crossborder commercial transactions with a desire to avoid having a dispute arise — or at least to place a party in the best position possible if a dispute does arise. This makes rules regarding jurisdiction, applicable law, and the recognition and enforcement of judgments vitally important to contract negotiations. It also makes the consideration of transactional interests important when developing new rules of private international law. These lectures examine rules of jurisdiction and rules of recognition and enforcement of judgments in the United States and the European Union, considering their similarities, their differences, and how they affect the transaction planning process.

Contents:

Transaction planning and private international law

Understanding rules of adjudicatory jurisdiction across legal systems

Understanding legal system differences ain rules on the recognition and enforcement of foreign judgments

Party autonomy and transaction planning

Consumer protection and private international law

Revisiting jurisdictional issues : tort jurisdiction and transaction planning

Drafting effective choice of forum agreements.

Notes:

"Full text of the lecture published in December 2013 in the Recueil des cours, vol. 358"--Leaf opposite series title page.

Includes bibliographical references.

Description based on print version record.

ISBN:

90-04-26811-1

OCLC:

895280311

Publisher Number:

10.1163/9789004268111 DOI