International Commercial Litigation

Hardcover | February 8, 2015

byRichard Fentiman

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The new edition of this highly regarded work has been fully updated to reflect current trends and concerns in commercial litigation practice. It considers the many significant changes in the law since the first edition, and how they affect both the structure and drafting of commercialtransactions, and the strategic choices of litigants. It includes extensive treatment of the recast Brussels I Regulation, which takes effect from January 2015, and which will significantly affect the handling of cross-border disputes. It offers extended analysis of important recent decisionsincluding VTB v Nutritek, The Alexandros T, and Star Reefers v JFC. The book is a definitive account of the law and practice of international commercial litigation in the English courts, which describes the present state of the law, and articulates its underlying principles. It is intended to be of value to both specialist and non-specialist practitioners, and, bysetting the principles of private international law in a practical context, to scholars in the field. The book offers an account of the subject which is comprehensive, and sophisticated in its analysis, but firmly grounded in addressing the challenges and concerns facing practitioners. The role of commercial litigation is examined, not merely in the resolution of disputes, but as an aspect ofcommercial practice. A feature of the book is its focus on evolving areas of practice, and issues of difficulty, with an emphasis on problematic decisions, and recent legislative changes. Particular emphasis is placed on how the principles established by the higher courts are applied in theCommercial Court. Where the law is uncertain or controversial, the rival arguments are examined and solutions considered. Emphasis is given to the impact of litigation on cross-border transactions, and its effect on legal risk. Mechanisms for managing the risks associated with cross-borderlitigation are extensively discussed, with particular emphasis on the drafting of effective jurisdiction and governing law clauses. The first edition was highly regarded and was cited with approval by the courts in a number of key decisions including Blue Sky One Ltd v Mahan Air (March 2010), Royal and Sun Alliance plc v Rolls Royce plc (July 2010), Sebastian Holdings Inc v Deutsche Bank AG (Aug 2010, Court of Appeal), GlacierReinsurance AG and v Gard Marine and Energy Ltd (Oct 2010, Court of Appeal), Faraday Reinsurance Co Ltd v Howden North America Inc (Nov 2011, Commercial Court), Mauritius Commercial Bank Ltd v Hestia Holdings Ltd (May 2013, Commercial Court), Antonio Gramsci v Lembergs (June 2013, Court of Appeal),and The Alexandros T (6 Nov 2013, Supreme Court).

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From the Publisher

The new edition of this highly regarded work has been fully updated to reflect current trends and concerns in commercial litigation practice. It considers the many significant changes in the law since the first edition, and how they affect both the structure and drafting of commercialtransactions, and the strategic choices of litigants...

Richard Fentiman was formerly a Solicitor in the City of London, and remains active as a consultant and lecturer for major law firms. He has been involved in many recent law reform initiatives in the area of cross-border litigation, and is responsible for the highly regarded graduate course on International Commercial Litigation at Ca...

other books by Richard Fentiman

Format:HardcoverDimensions:816 pages, 9.69 × 6.73 × 1.87 inPublished:February 8, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019871291X

ISBN - 13:9780198712916

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Table of Contents

PART I: INTRODUCTION1. IntroductionPART II: LEGAL RISK AND MULTISTATE TRANSACTIONS2. Managing Litigation Risk3. Managing Transaction RiskPART III: LIABILITY AND RECOVERY IN MULTISTATE LITIGATION4. The Dynamics of Choice of Law5. The Laws Governing Multistate Transactions6. The Laws Governing RecoveryPART IV: COMMENCING AND PREVENTING PROCEEDINGS7. Strategic Choices8. The Framework of Jurisdiction9. Establishing and Challenging Jurisdiction10. Excluded Claims11. Declining Jurisdiction: The European Regime12. Declining Jurisdiction: The European Regime and Third States13. Declining Jurisdiction: English National Law14. Procedural Objections to Proceedings15. Preclusive Proceedings16. Restraining Foreign ProceedingsPART V: EFFECTIVE ENFORCEMENT17. Preseving Judgement Assets18. Enforcing Judgement DebtsPART VI: THE CONDUCT OF PROCEEDINGS19. Procedure, Costs, and Evidence in Multistate Disputes20. The Proof of Foreign Law

Editorial Reviews

"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" --Professor Lan Luh Luh, Singapore Journal of Legal Studies