Commentators and courts disagree on such fundamental issues as the definition of forum shopping and whether it is an ‘unsung virtue’ or an untrammelled vice. Disagreements persist on how to deal with ‘virtuous’ forum shopping or how best to proscribe “evil” forum shopping, if such a distinction can at all be made. This research review illuminates, explores and contest these questions. The text identifies articles that analyse the definitions and purpose of forum shopping, the right and duty to practise it and how it relates to private international law. Other topics covered include the link between forum shopping and uniform substantive law and jurisdictional issues and arbitration. This research review provides a comprehensive overview of the topic and will prove useful to academics, students and practitioners alike.
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Pedro de Miguel Asensio
The ubiquity of the Internet contrasts with the territorial nature of national legal orders. This book offers a comprehensive analysis of jurisdiction, choice of law and enforcement of judgments issues concerning online activities in the areas in which private legal relationships are most affected by the Internet. It provides an in-depth study of EU Law in this particularly dynamic field, with references to major developments in other jurisdictions. Topics comprise information society services, data protection, defamation, copyright, trademarks, unfair competition and contracts, including consumer protection and alternative dispute resolution.
Edited by Peter Mankowski
This timely Research Handbook addresses the cutting edges of the Brussels Ibis Regulation, in particular its place within the overall system of EU law and its adaptations in response to lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to this, analysing the most recent developments in legislation and practice and providing an outlook on the future of this field of EU law.
A Commentary on the Law Applicable to Divorce and Legal Separation
This comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Written by a team of renowned experts, private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference.
Contemporary Challenges and Continuing Relevance
Edited by Franco Ferrari and Diego P. Fernández Arroyo
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.
Lionel Smith and Alexandra Popovici
This review discusses the most important and influential papers in the field of Equity and Trusts. While taking seriously the intimate and historical relationship between English Equity and the law of trusts, it also addresses new and comparative perspectives on the subject, bringing together common law and civil law, doctrinal scholarship and socio-legal analysis, historical approaches to Equity and functional ones. The review includes a wide range of authors and outlooks ranging from Frederic Maitland to recent material on fiduciary obligations and discretionary trusts, highlighting the universality of Equity as a body of law, and the nature of the Trust as a fundamental juristic institution. This literary piece promises to be a useful tool for academics captivated by this subject area.
Art Law and the Business of Art is a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world. Written by Martin Wilson, an art lawyer with over 20 years’ experience in the field, it outlines and explains the relevant law and how the art business operates in practice, as well as offering a discussion of the most pressing ethical questions involving artworks.
A Transatlantic Analysis
This incisive book gives a comprehensive overview of the regulation of consumer credit in both the US and the UK. It covers policy, procedure and the dynamics of the consumer credit relationship to advocate for a balanced approach in achieving more effective consumer protection.
Edited by Roger Halson and David Campbell
This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.