Dicey, Morris & Collins on the Conflict of Laws

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Dicey, Morris & Collins on the Conflict of Laws By Lord Collins of Mapesbury; Professor Jonathan Harris

Author Lord Collins of Mapesbury; Professor Jonathan Harris
Publication Date 2018
ISBN 9780414035027
Format
Hardcover 
Publisher Sweet & Maxwell

 

 

On the Conflict of Laws, Dicey, Morris & Collins is widely regarded as the leading authority on private international law. It describes the rules, concepts, and practises that define how English and Welsh law interacts with other legal systems. Its commentary and pictures, as well as thorough case law references, guarantee that it remains an in-depth yet accessible study tool for transnational practitioners, whether litigious or not.

The 5th Supplement to the 15th Edition brings the main work up to date and addresses any changes that have occurred since its release.

Dicey, Morris & Collins on the Conflict of Laws: An Introduction is widely regarded as the leading authority on private international law.

  • Explains the rules, principles, and practise that determine how English and Welsh law interacts with other legal systems, beginning with general principles, procedure, state immunity, court jurisdiction, enforcement of foreign judgments, and international arbitration (in volume 1), before moving on to family law, property law and trusts, corporations and bankruptcy, contracts, torts, unjust enrichment and equitable claims, and foreign currency obligations (in volume 2).
  • The standards for determining a natural person's domicile and residency are discussed.
  • Examines the difference between substantive and procedural issues, as well as remedies and process, evidence, set-off and counterclaims, priority and damages, and statutes of limitation.
  • Covers a variety of important procedural concerns that occur in foreign litigation, including freezing injunctions, service of process, getting evidence abroad, and cost security.
  • Examines the methods for demonstrating foreign law.
  • Deals with the English courts' jurisdiction under the recast Brussels I Regulation, as well as common law and international agreements and legislation.
  • Foreign ambassadors and consuls, as well as members of international organisations, have jurisdictional immunity.
  • Explains how foreign decisions from both inside and outside the European Union are enforced and recognised in England.
  • The legislation regulating arbitration agreements and procedures, the enforcement of arbitral decisions, and the link between court and arbitral processes are all covered in this book.
  • Family law, property and trust law, companies, insolvency and bankruptcy law, and the law of liabilities including contract, tort, unjust enrichment, and foreign currency debts are among the topics covered.

Important developments considered in the 5th Supplement include:

  • An revised Preface titled "Brexit and the Conflict of Laws" that explains how Brexit would affect cross-border litigation.
  • The reformed Insolvency Regulation is discussed in depth.
  • All of the new European Court, Commercial Court, and appellate decisions on the subject of jurisdiction and execution of foreign judgements
  • Authorities responsible for enforcing arbitration agreements
  • Authorities in charge of enforcing foreign criminal laws, state immunity, and state acts
  • New judgements on the 1980 Hague Convention on International Child Abduction and on habitual residency are also significant.
  • New rulings on the application of the norms of choice of law to contractual and non-contractual duties, as well as property.

Dicey, Morris & Collins on the Conflict of Laws is authored and edited by a world-class team of academics and practitioners. Lord Collins of Mapesbury, who served on the Supreme Court of the United Kingdom until 2011 and is currently Professor of Law at University College London, and Professor Jonathan Harris QC (Hon.), Professor of International Commercial Law at King's College, London, are the General Editors.

TABLE OF CONTENTS of Dicey, Morris & Collins on the Conflict of Laws

VOLUME ONE

Part 1: Preliminary Matters
1. Nature and scope of the conflict of laws
2. Characterisation and the incidental question
3. The time factor
4. Renvoi
5. The exclusion of foreign law
6. Domicile and residence

Part 2: Procedure
7. Substance and procedure
8. International litigation
9. Proof of foreign law

Part 3: Jurisdiction and Foreign Judgments
10. Jurisdictional immunities
11. Jurisdiction in claims in personam
12. Forum non conveniens, lis alibi pendens, anti-suit injuntions and jurisdiction agreements
13. Jurisdiction in admiralty claims in rem
14. Foreign judgments
15. Jurisdiction and enforcement of judgments under multilateral conventions
16. Arbitration and foreign awards

VOLUME TWO

Part 4: Family Law
17. Marriage
18. Matrimonial clauses
19. Children
20. Legitimacy, legitimation and adoption
21. Mental incapacity

Part 5: Law of Property
22. Nature and situs of property
23. Immovables
24. Particular transfers of movables
25. Governmental acts affecting property
26. Administration of estates
27. Succession
28. The effect of marriage on property
29. Trusts

Part 6: Corporations and Insolvency
30. Corporations and corporate insolvency
31. Bankruptcy

Part 7: Law of Obligations
32. Contracts: General rules
33. Particular contracts
34. Non-Contractual Obligations: Common Issues
35. Torts/Delict
36. Unjust enrichment, equitable claims and negotiorum gestio
37. Foreign currency obligations
Appendices
Index

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