Commercial Issues in Private International Law ― A Common Law Perspective

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 TheFuture of Law and Innovation in the Profession, knowledge of private international law is increasingly important to the 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 lawyers, barristers, judges and academics 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. This book is for anyone interested in private international law. In particular, it may assist practitioners and students seeking to understand emerging and complex issues that arise in cross-border litigation.

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.