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International Commercial Litigation

Autor Richard Fentiman
en Limba Engleză Hardback – 17 feb 2010
The legal framework of cross-border commercial disputes is important and complex in practice, but it is increasingly difficult to discern the subject's structure and assumptions. This book is a definitive account of the law and practice of international commercial disputes in the English courts, which summarises the present state of the law, and articulates its underlying principles. It is intended to be accessible to non-specialist practitioners.The book offers an account of the subject which is comprehensive, yet also concise and highly focused, designed to reflect the perceptions and concerns of practitioners. A feature of the book is its emphasis on evolving areas of practice, and issues of difficulty. Such topics as the developing law of cross-border injunctions, and the relationship between national and community law are extensively explored. Where the law is uncertain or controversial, the rival arguments are examined andassessed. The emphasis is on the solution of current (or future) problems, in addition to explaining contested issues. It is as much concerned with the impact of litigation on cross-border transactions - including prospective planning and risk-avoidance - as it is with dispute resolution. It examines thescope of party choice, and the legal risks associated with cross-border business. Consideration is given as to how these risks might be avoided or reduced by planning or agreement, by adopting particular business structures, or by opting for alternative forms of dispute resolution.
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Specificații

ISBN-13: 9780199265435
ISBN-10: 0199265437
Pagini: 832
Dimensiuni: 175 x 252 x 51 mm
Greutate: 1.57 kg
Ediția:New.
Editura: Oxford University Press
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

This book is a true jewel. It is thorough, complete, balanced, thoughtful, sophisticated, and authoritative... I congratulate the author for this outstanding contribution to the advancement of our discipline
Richard Fentiman is a leading thinker on cross-border litigation and has produced a masterly exposition on litigation risk in high value transactions and of the legal underpinnings of international dispute resolution - highly original and pioneering
No work currently on the market in the UK or Europe comes close in presenting this highly complex area in a manner both scholarly and practically relevant. Richard Fentiman writes with remarkable clarity about a subject both conceptually difficult and laden with issues concerning choice and risk in a business context. Highly recommended both for practitioners and academics.
Richard Fentiman has combined scholarly analysis and practicality in a formidable new work on international commercial litigation ... The insight guiding Richard Fentiman's excellent book is that parties to international commercial transactions need to know how private international law addresses the legal risks involved in their transactions ... The book will be of great value - to practitioners and clients seeking to address these risks in advance of entering into transactions,and to those seeking to understand and resolve issues arising out of transactions already concluded. It is a pleasure to read and commend it and to congratulate Richard Fentiman on a very substantial achievement.
The modern revolution in English Private International Law, wrought by the twin impacts of judge-made reforms in England and Community law reform in Europe, is lucidly and intelligently analysed by Richard Fentiman in his masterly new commentary International Commercial Litigation. This work will provide an indispensible companion to practice and study in this field, in particular because it is written with the users of the system of international litigation in mind: adopting astructure which tracks the issues as they actually arise; and isolating the key developments of lasting significance. Best of all, the book is immensely readable, being written in clear, well-argued prose.
Practical in its focus and a work of real scholarship in the depth to which it addresses complex and controversial issuess...this new addition to the private international law canon will acquire a dedicated following which will come to rely on its clarity and insight...'no good commercial lawyer should be more than an arm's length away from International Commercial Litigation at any time
This excellent book...most useful in providing lots of thought-provoking materials for further research
Truly excellent and innovative...Everyone interested in international commercial dispute resolution should read this essential work
Fresh and interesting, rich in scholarship, and motivated and deeply informed by practical considerations and by the author's compete engagement with the subject
A scholarly work which is not only of a high quality, but at the same time palatable to practitioners...original and in-depth, yet concise and highly focused...international commercial litigation as seen through the lens of an experienced practitioner-scholar
Excellent...scholarly and practical
This perceptive book is far more than one of the leading textbooks on cross-border litigation. It perfectly combines analysis with practical insight
...an extensive and thorough treatment of virtually all the most relevant issues arising in the practice of international commercial litigation.
International Commercial Litigation is a fascinating take on the commercial conflict of laws and how the law interacts with the practical environment which it seeks to regulate. It merits careful reading and any serious private international law scholar ought to read it.
...the author displays his immense academic and practical expertise, and provides important and original insights.
Fentiman's analysis of international commercial litigation, based on the anatomy of risk, is fresh and interesting, rich in scholarship, and motivated and deeply informed by practical considerations and by the author's complete engagement with the subject.
...the book is most useful in providing lots of thought-provoking materials for further research...one cannot doubt that this is a scholarly and practical work on international commercial litigation.

Notă biografică

Richard Fentiman is Professor in Private International Law at the University of Cambridge and a Fellow of Queen's College, Cambridge. He previously practised full time as a solicitor, and is now consultant to the international law firm of Allen & Overy where he has advised on conflict of laws problems arising in commercial practice, as well as participating in their internal training programme. He is well known for his expertise and writing on the subject ofprivate international law, and in particular for his book on 'Foreign Law in English Courts: Pleading, Proof and Choice of Law' (OUP, 1998)