Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country's courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country's law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? This second edition addresses these questions in a concise overview of the field.
Also in print: KE470.A6 W34 2005 LAW (Reserve).
This text provides a scholarly yet practical analysis of the vast and continuously growing body of common law, legislation and treaties and conventions that govern private international law as it is applied in Canada.
This book is part of the Essentials of Canadian Law series.
This treatise explains and analyzes the rules of the conflict of laws in force in common law Canada in a clear and concise manner. Understanding the conflict of laws allows lawyers, judges, scholars, and students to better address any legal situation that crosses borders, whether international or interprovincial.
The rules contained in the Civil Code of Quebec and in the Code of Civil Procedure concerning the jurisdiction and international jurisdiction of Quebec courts, the recognition and enforcement in Quebec of foreign judgments, as well as the choice of law governing an international situation are studied in detail within this text.
This book investigates the ability of private international law (PIL) to handle contemporary and international problems, and inspires genuine debate on the future of the field. Separated into nine parts, each containing two perspectives on a different issue or challenge, this book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts, and PIL in international arbitration.
Also in print. KE470 .P75 2016 LAW (Reserve).
This casebook provides a thorough examination of all traditional conflict-of-law issues, including jurisdiction, choice of law and enforcement of judgments.