As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law.
This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law.
1. Commercial Issues in Private International Law Justice Steven Rares PART I JURISDICTION 2. In Absentia: The Evolution and Reform of Australian Rules of Adjudicatory Jurisdiction Andrew Dickinson 3. The Exercise of Jurisdiction and the Role of Enforcement Vivienne Bath 4. The Case Management Stay in Private International Law Reid Mortensen PART II FOREIGN JUDGMENTS 5. The 2005 Hague Convention: A Panacea for Non-Exclusive and Asymmetric Jurisdiction Agreements Too? Brooke Marshall 6. Reciprocal Recognition and Enforcement of Foreign Judgments in China: The Proposal of a Registration System Jie (Jeanne) Huang PART III CHOICE OF LAW 7. Paying Attention to Choice of Law in International Commercial Arbitration – or – Why the Conflict of Laws Always Matters Benjamin Hayward 8. The Conflict of Laws as a Shared Language for the Cross-Border Application of Statutes Maria Hook 9. Choice of Law in the Age of Statutes: A Defence of Statutory Interpretation after Valve Michael Douglas PART IV THE DEVELOPING LEGAL LANDSCAPE 10. New and Alternative Approaches to Proof of Foreign Law: A Practitioners’ Perspective Justin Hogan-Doran and Dominique Hogan-Doran 11. The Rise of Party Autonomy in Commercial Conflict of Laws Yeo Tiong Min 12. Developing Australian Private International Law: The Hague Choice of Court Convention & The Hague Principles of Choice of Law in International Commercial Contracts Mary Keyes PART V CONCLUDING REMARKS 13. Conclusion Justice Paul Le Gay Brereton, AM, RFD
Michael Douglas is Senior Lecturer at UWA Law School, University of Western Australia. Vivienne Bath is Professor of Chinese and International Business Law at the University of Sydney Law School. Mary Keyes is Professor at Griffith Law School. Andrew Dickinson is Fellow of St Catherine's College and Professor of Law, University of Oxford.
Reviews for Commercial Issues in Private International Law: A Common Law Perspective
Commercial Issues in Private International Law will be of interest to those seeking a well-reasoned analysis of some contemporary issues in commercial private international law. One message that is likely to resonate is the importance of private international law to modern legal practice in Australia. -- Sarah McKibbin, University of Southern Queensland * University of Queensland Law Journal * This book is commended for its high standard chapters in the areas of jurisdiction, foreign judgments, choice of law and emerging law, and the synthesising chapters by Justices Rares and Brereton. It would be a valuable addition to any commercial lawyer’s library, and is a clarion call to get private international law into the mainstream law curriculum. -- Matt Harvey, Victoria Law School * Law Institute Journal *
