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  • Hart Publishing, Oxford - Good books for lawyers
    was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington July 2010 This volume contains the General Report and 20 National Reports covering Canada US Japan Korea India and a number of European countries Austria France Germany UK Spain etc The General Report was prepared on the basis of National Reports The national reporters not only describe the existing legal framework but also provide answers for up to 12 hypothetical cases concerning international jurisdiction choice of law and recognition and enforcement of foreign judgments in multi state IP disputes Based on their answers the main differences between legal systems as well as the shortcomings of the cross border enforcement of IP rights are outlined in the General Report The Reports in this volume analyse relevant court decisions as well as recent legislative proposals such as the ALI CLIP Transparency Waseda and Korean Principles This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross border enforcement of IP rights in a global context Toshiyuki Kono is a Professor of Law at Kyushu University Japan Hardback

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462310 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Justice began receiving references for preliminary rulings regarding the compatibility of protective conflict of corporate law norms with the EC Treaty provisions concerning freedom of establishment Although recent developments have been less controversial than the ground breaking judgment in Centros they have not only consolidated the general thrust of liberalisation occasioned by the Court of Justice but have added new dimensions to the regulatory landscape These developments include amendments to the European constitutional order enshrined in the Lisbon Treaty European legislation on cross border mergers the proposed statute for a European Private Company the judgment of the Court of Justice in Cartesio and a Commission communication that contemplates the introduction of legislation on the governing law of companies This book examines these recent developments and appraises the current law as well as the foreseeable trajectory of the law within a theoretical setting that addresses the socio economic and legal theoretical concerns associated with choices of the governing law of companies In addition to considering the present and probable future state of EU law the book also develops new theoretical perspectives and proposes novel solutions to long standing dilemmas In particular it suggests that the use of information technology may render

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462969 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    a consequence there is an ever growing need for clear and workable rules to co ordinate cross border actions whether they are of a judicial or administrative nature rules on jurisdiction applicable law and recognition as well as rules on sharing of evidence the protection of business secrets and the interplay between administrative and judicial procedures This book offers an in depth analysis of these long neglected yet practically most important topics It is the fruit of a research project funded by the European Commission which brought together experts from academia private practice and policy making from across Europe and the United States The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations the co operation mechanisms provided for by Regulation 1 2003 and selected issues of US procedural law such as discovery that are highly relevant for transatlantic damages actions Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross border antitrust litigation in Europe and beyond Jürgen Basedow is Director Max Planck Institute for Comparative and International Private Law Hamburg Professor at the University of Hamburg and former chairman of the German Monopolies Commission

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460392 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    There is growing enthusiasm for the use of mediation to seek to resolve cases arising under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction the Convention However despite being endorsed by the conclusions of meetings of experts judicial comment and even legislative changes there have been relatively few cases where mediation has played a significant role It is suggested that the reason underlying this dichotomy between the widespread support for the use of mediation and the current limited practice is that there are several key questions regarding the use of mediation in the context of the Convention which remain to be answered Specifically what is meant by Convention mediation How can a mediation process fit within the constraints of the Convention And why offer mediation in Convention cases given the existing legal framework This book addresses these questions and in so doing seeks to encourage a movement from enthusiasm about the use of mediation in the Convention context to greater practice Sarah Vigers worked for three years as a Legal Officer at the Hague Conference on Private International Law She subsequently completed a research masters degree at Aberdeen University and is a family

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461818 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    child to a country other than that of the child s habitual residence or wrongfully keeps a child in such country The author of this work was part of a research team that conducted a study partially funded by the European Commission to examine this problem in Belgium and Hungary analysing cases from 2007 and 2008 and interviewing affected parents This book is a revised version of the Belgian research report which sets the problem of child abduction within its international context It looks at the families in which abductions took place how preparations were made for abduction the quest for the return of the child including legal proceedings and the aftermath of the abductions Throughout the book the results of the quantitative and qualitative data are explained What emerges is that when a child is abducted the solutions offered by the law are often inadequate Family conflict is a complex societal issue and child abduction is a severe form of family conflict Rather than responding to child abduction with strict and contentious legal proceedings the book argues that solutions based on respect psychological assistance and a search for consensus should be favoured Thalia Kruger lectures in Private International Law

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461566 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    been adopted that provide common rules on issues that touch upon the day to day life of European citizens There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters family matters and maintenance obligations and the law applicable to contractual and non contractual obligations legal separations and divorces There is also legislation establishing swift procedures for recovering claims abroad ie the European Enforcement Order the European Order for Payment Procedure and the European Small Claims Procedure and legislation regulating cross border insolvency proceedings and judicial assistance in the field of service of documents taking of evidence and access to justice This long list of EU legislation is not exhaustive of EU conflicts of laws rules numerous further provisions are scattered among other EU legislation eg directives on consumer labour and insurance contracts company law IP rights securities privacy and so on Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field This book which assembles all the relevant EU legislation and ECJ decisions in one place provides a guide to the maze of legal instruments

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460279 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Danov This book sets out the way that through enhanced private antitrust enforcement reform private international law has a pivotal role in EU competition law disputes with an international element The author offers a thorough analysis of the post 2003 policy of the EU favouring private law enforcement of EU competition law and its implementation under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime The book also considers how the jurisdiction recognition and enforcement of judgments issues are dealt with in England under the common law rules applicable when Brussels I does not apply The complex private international law problems in respect of cross border class actions that have arisen in several countries as well as judgments in relation to antitrust infringements are also discussed The author further examines the choice of law issues that may arise before the English courts under Rome I and Rome II The potential problems regarding jurisdiction of arbitral tribunals and choice of law in arbitral proceedings in relation to EU competition law claims and the jurisdiction of English courts in proceedings ancillary to arbitration claims are dealt with accordingly Mihail Danov is a Senior Lecturer

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136592 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    instruments including recent Conventions and Regulations which have significantly re shaped the law in the European Union The scope and impact of these European instruments is fully explained and assessed in this new edition The work is organised in four parts The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries This part of the work which involves analysis of both the Brussels I Regulation and the so called traditional rules includes chapters dealing with jurisdiction in personam and in rem anti suit injunctions and provisional measures The work s second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation The part includes a discussion of choice of law in contract and tort with particular attention being devoted to the recent Rome I and Rome II Regulations The third part of the work includes three new chapters on international aspects of insolvency in particular under the EC Insolvency Regulation and the final part focuses on an analysis of legal aspects of international commercial arbitration In particular this part examines the powers

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138510 (2016-02-13)
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