Jurisdictional agreements and burden of proofs in eu, english and us courts / Dimitris Liakopoulos.

Format:

Book

Author/Creator:

Liakopoulos, Demetres I., author.

Language:

English

Subjects (All):

Jurisdiction (International law).

Burden of proof.

International courts.

Physical Description:

1 online resource (390 pages) : illustrations

Place of Publication:

New York : Nova Science Publishers, Incorporated, [2020]

Summary:

"The present survey aims to focus on the delimitation of some definitive findings. The simple choice of terminology is charged with consequences on the conceptual level: "agreements on the forum", "clauses derogating from jurisdiction" or "agreements on the extension of jurisdiction" ? While when we talk about agreements on jurisdiction we have in mind especially the phenomenon in its civil and commercial declension, in the sense in which these expressions are traditionally used in international instruments as we see in a comparative manner with our research. The second part of the present work is based on a theoretical and jurisprudential discourse that seeks, at a monographic level, to introduce the central theme of our investigation: How the burden of proof is actually distributed in common law systems? We have decided to deal with all the theoretical aspects of the question, including the matter of presumptions which, as we know, is a topic that can conceptually be traced back to that interests us, given that the main effect of the application of a presumptive rule is to altering the natural allocation of probative costs. The concrete conduct in our paragraphs will be specifically dedicated to a case study of the distribution of the burden of proof as implemented by the American jurisprudence"-- Provided by publisher.

Contents:

International jurisdiction in England

The agreements on the forum in the English common law

Validity and enforceability

International jurisdiction in the United States

The non conveniens forum

Agreements on the forum : "the oust jurisdiction"

The Bremen v. Zapata Case

The decision in Carnival Cruise Case

Enforceability in the United States

(Follows) reasonableness

(Follows) public policy

Severability : autonomy of the pact

The Effects Plan

Tensions between Civil Law/Common Law

From the effective consent to the presumed consent....in international private European Law

The control of reasonableness by the judge under Regulation 44/2001

(Follows) effects against third parties

The problem of bills of lading

The tacit acceptance of the forum

Agreement on the court and litigation under Regulation 44/2001

Coordination tests : the 2005 Hague Convention

Internationality of the dispute

(Follows) exclusive clauses

The elected judge must exercise his jurisdiction

The unselected judge must abstain

All judges must recognize and implement the decision

The declaration regime

Concluding remarks

Premise : the regulation of legal facts in common law systems

The division of the burden of proof into production and persuasion one

The burden of persuasion and the standards of proof

Burden of production

The division of the burden of proof between the parties. Analysis of the tests elaborated

By the jurisprudence : the traditional criterion

The other tests developed by American jurisprudence

The role of the judge and the importance of the instructions to the jury

The effects reflected by the two-way division of the burden of proof on the discipline of presumptions : evidential and persuasive presumptions

Casistic analysis of American jurisprudence.

Notes:

Description based on print version record.

Includes bibliographical references and index.

ISBN:

1-5361-8813-1