This carefully structured, practice-orientated textbook provides everything the law student needs to know about international commercial litigation. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into litigation in English courts. Three important themes of the book analyse how the international element may call into question the power of the court to hear the case, whether it should exercise this power, whether foreign law applies, and whether the court should take into account any foreign judgement. Hartley provides the reader with extracts from leading cases and relevant legislation, together with an extensive reference library of further reading for those who wish to explore the topic in more detail, making this a valuable, single-source textbook. The title will benefit from a companion website, setting out all relevant case law developments for the students.

Table of Contents

Part I. Starting Off: 1. Introduction; Part II. Jurisdiction: 2. Jurisdiction: an analysis; 3. Jurisdiction under EC law: basic principles and structures; 4. EC law: special jurisdiction; 5. The traditional English rules; 6. Developments in Canada; 7. US law - an outline; 8. Choice-of-court agreements; 9. Forum non conveniens and antisuit injunctions; 10. Overlapping jurisdiction in EC law; 11. Special topics - I; 12. Special topics - II; Part III. Foreign Judgments: 13. Introduction to Part III; 14. EC law; 15. English law - jurisdiction; 16. English law - defences; 17. The Canadian conflicts (judgments) revolution; 18. US law - some highlights; Part IV. Procedure: 19. Freezing assets; 20. Obtaining evidence abroad - forum procedures; 21. Obtaining evidence abroad - international co-operation; Part V. Choice of Law: 22. Introduction to choice of law; 23. Torts; 24. Contracts - the principle of party autonomy; 25. Contracts - legal policy and choice of law; 26. Regulating business, protecting employees and helping consumers; 27. Foreign currency; 28. Property - tangible movables; 29. Contractual rights and property interests - I; 30. Contractual rights and property interests - II; 31. Contractual rights and property interests - III; Part VI. Extraterritoriality: 32. Introduction to extraterritoriality; 33. Extraterritorial application of US antitrust law; 34. The international response; 35. Extraterritorial application of EC competition law.

About the Author

Trevor C. Hartley is Professor of Law Emeritus at the London School of Economics, where he specialises in private international law and European Community law.