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The Recovery of Maintenance in the EU and Worldwide
This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013. The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The book is divided into four parts: (i) comparative context (ii) international...
Private International Law in Nigeria
This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.
Jurisdiction and Cross-Border Collective Redress
Based on author's thesis (doctoral - Universidad Autâonoma de Madrid, Facultad de Derecho, 2017) issued under title: Cross-border collective redress in the European union and private international law rules on jurisdiction.
Place of Performance
Based on author's thesis (doctoral - Universitâe de Luxembourg, 2018) issued under title: The significance of the place of performance in commercial contracts under the European Union choice of law rules
Cross-Border Litigation in Europe
This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensi...
The Nature and Enforcement of Choice of Court Agreements
Introduction -- Private International law, party autonomy and the English 'Dispute resolution' paradigm -- The analogy between arbitration agreements and choice of court agreements : the technique of severability and whether the contractualisation phenomenon distorts the fundamental nature and effects of choice of court agreements? -- Private law or public law? An assessment of the fundamental juridical nature and classification of choice of court agreements -- 'Dispute Resolution' epitomised : the damages remedy for breach of choice of court agreements -- An overview of the case law on the damages remedy for breach of exclusive choice of court agreements : firmly entrenched of a nascent rem...
Rethinking Judicial Jurisdiction in Private International Law
This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chos...
The Choice of Law Contract
Based on author's thesis (doctoral - Victoria University of Wellington, 2014).
Clawback Law in the Context of Succession
Based on author's thesis (doctoral - University of Aberdeen, 2018).
Commercial Issues in Private International Law
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.
