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International Commercial Litigation: Second Edition
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International Commercial Litigation: Second Edition

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Overview
Published Jan 2015 (OUP)
ISBN: 9780198712916. Hard cover.
Description

Richard Fentiman

The new edition of this highly regarded work has been fully updated to reflect current trends and concerns in commercial litigation practice. It considers the many significant changes in the law since the first edition, and how they affect both the structure and drafting of commercial transactions, and the strategic choices of litigants. It includes extensive treatment of the recast Brussels I Regulation, which takes effect from January 2015, and which will significantly affect the handling of cross-border disputes. It offers extended analysis of important recent decisions including VTB v Nutritek, The Alexandros T, and Star Reefers v JFC. 

The book is a definitive account of the law and practice of international commercial litigation in the English courts, which describes the present state of the law, and articulates its underlying principles. It is intended to be of value to both specialist and non-specialist practitioners, and, by setting the principles of private international law in a practical context, to scholars in the field. 

The book offers an account of the subject which is comprehensive, and sophisticated in its analysis, but firmly grounded in addressing the challenges and concerns facing practitioners. The role of commercial litigation is examined, not merely in the resolution of disputes, but as an aspect of commercial practice. A feature of the book is its focus on evolving areas of practice, and issues of difficulty, with an emphasis on problematic decisions, and recent legislative changes. Particular emphasis is placed on how the principles established by the higher courts are applied in the Commercial Court. Where the law is uncertain or controversial, the rival arguments are examined and solutions considered. Emphasis is given to the impact of litigation on cross-border transactions, and its effect on legal risk. Mechanisms for managing the risks associated with cross-border litigation are extensively discussed, with particular emphasis on the drafting of effective jurisdiction and governing law clauses.

The first edition was highly regarded and was cited with approval by the courts in a number of key decisions including Blue Sky One Ltd v Mahan Air (March 2010), Royal & Sun Alliance plc v Rolls Royce plc (July 2010), Sebastian Holdings Inc v Deutsche Bank AG (Aug 2010, Court of Appeal), Glacier Reinsurance AG & v Gard Marine & Energy Ltd (Oct 2010, Court of Appeal), Faraday Reinsurance Co Ltd v Howden North America Inc (Nov 2011, Commercial Court), Mauritius Commercial Bank Ltd v Hestia Holdings Ltd (May 2013, Commercial Court), Antonio Gramsci v Lembergs (June 2013, Court of Appeal), and The Alexandros T (6 Nov 2013, Supreme Court).

PART I: INTRODUCTION
1: Introduction
PART II: LEGAL RISK AND MULTISTATE TRANSACTIONS
2: Managing Litigation Risk
3: Managing Transaction Risk
PART III: LIABILITY AND RECOVERY IN MULTISTATE LITIGATION
4: The Dynamics of Choice of Law
5: The Laws Governing Multistate Transactions
6: The Laws Governing Recovery
PART IV: COMMENCING AND PREVENTING PROCEEDINGS
7: Strategic Choices
8: The Framework of Jurisdiction
9: Establishing and Challenging Jurisdiction
10: Excluded Claims
11: Declining Jurisdiction: The European Regime
12: Declining Jurisdiction: The European Regime and Third States
13: Declining Jurisdiction: English National Law
14: Procedural Objections to Proceedings
15: Preclusive Proceedings
16: Restraining Foreign Proceedings
PART V: EFFECTIVE ENFORCEMENT
17: Preseving Judgement Assets
18: Enforcing Judgement Debts
PART VI: THE CONDUCT OF PROCEEDINGS
19: Procedure, Costs, and Evidence in Multistate Disputes
20: The Proof of Foreign Law

`Review from previous edition This book is a true jewel. It is thorough, complete, balanced, thoughtful, sophisticated, and authoritative... I congratulate the author for this outstanding contribution to the advancement of our discipline ' Symeon C. Symeonides, Dean and Alex L. Parks Distinguished Professor of Law, Willamette University, President, American Society of Comparative Law

`Richard Fentiman is a leading thinker on cross-border litigation and has produced a masterly exposition on litigation risk in high value transactions and of the legal underpinnings of international dispute resolution - highly original and pioneering' Philip R Wood QC (Hon), Allen & Overy LLP, London

`No work currently on the market in the UK or Europe comes close in presenting this highly complex area in a manner both scholarly and practically relevant. Richard Fentiman writes with remarkable clarity about a subject both conceptually difficult and laden with issues concerning choice and risk in a business context. Highly recommended both for practitioners and academics ' Professor Andrej Savin, Copenhagen Business School

`Richard Fentiman has combined scholarly analysis and practicality in a formidable new work on international commercial litigation ... The insight guiding Richard Fentiman's excellent book is that parties to international commercial transactions need to know how private international law addresses the legal risks involved in their transactions ... The book will be of great value - to practitioners and clients seeking to address these risks in advance of entering into transactions, and to those seeking to understand and resolve issues arising out of transactions already concluded. It is a pleasure to read and commend it and to congratulate Richard Fentiman on a very substantial achievement' Lord Mance (From the Foreword)

`The modern revolution in English Private International Law, wrought by the twin impacts of judge-made reforms in England and Community law reform in Europe, is lucidly and intelligently analysed by Richard Fentiman in his masterly new commentary International Commercial Litigation. This work will provide an indispensible companion to practice and study in this field, in particular because it is written with the users of the system of international litigation in mind: adopting a structure which tracks the issues as they actually arise; and isolating the key developments of lasting significance. Best of all, the book is immensely readable, being written in clear, well-argued prose.' Professor Campbell McLachlan QC, Victoria University of Wellington; Essex Court Chambers (London) & Bankside Chambers (Auckland)

`Practical in its focus and a work of real scholarship in the depth to which it addresses complex and controversial issuess...this new addition to the private international law canon will acquire a dedicated following which will come to rely on its clarity and insight...'no good commercial lawyer should be more than an arm's length away from International Commercial Litigation at any time' C.J.S Knight, Civil Justice Quaterly

`This excellent book...most useful in providing lots of thought-provoking materials for further research' Look Chan Ho, Legal Studies

`Truly excellent and innovative...Everyone interested in international commercial dispute resolution should read this essential work' Jonathan Fitchen, Modern Law Review

`Fresh and interesting, rich in scholarship, and motivated and deeply informed by practical considerations and by the author's compete engagement with the subject' Janeen Carruthers, Edinburgh Law Review

`A scholarly work which is not only of a high quality, but at the same time palatable to practitioners...original and in-depth, yet concise and highly focused...international commercial litigation as seen through the lens of an experienced practitioner-scholar ' Professor Lan Luh Luh, Singapore Journal of Legal Studies

`Excellent...scholarly and practical ' Look Chan Ho, Legal Studies

`This perceptive book is far more than one of the leading textbooks on cross-border litigation. It perfectly combines analysis with practical insight ' IPRAX

`...an extensive and thorough treatment of virtually all the most relevant issues arising in the practice of international commercial litigation ' Fabrizio Marongiu Buonaiuti, Uniform Law Review

`International Commercial Litigation is a fascinating take on the commercial conflict of laws and how the law interacts with the practical environment which it seeks to regulate. It merits careful reading and any serious private international law scholar ought to read it' Professor Jonathan Hill, LMCLQ

`...the author displays his immense academic and practical expertise, and provides important and original insights ' The Edinburgh Law Review

`Fentiman's analysis of international commercial litigation, based on the anatomy of risk, is fresh and interesting, rich in scholarship, and motivated and deeply informed by practical considerations and by the author's complete engagement with the subject ' Janeen M Carruthers, The Edinburgh Law Review

`"...the book is most useful in providing lots of thought-provoking materials for further research...one cannot doubt that this is a scholarly and practical work on international commercial litigation ' Legal Studies 2011

About the Author

Richard Fentiman was formerly a Solicitor in the City of London, and remains active as a consultant and lecturer for major law firms. He has been involved in many recent law reform initiatives in the area of cross-border litigation, and is responsible for the highly regarded graduate course on International Commercial Litigation at Cambridge. He is well known for his expertise and writing in the areas of private international law and international dispute resolution, and in particular for his book on 'Foreign Law in English Courts: Pleading, Proof and Choice of Law' (OUP, 1998), the leading text on the subject.

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