Dicey, Morris & Collins on the Conflict of Laws
is renowned worldwide as the foremost authority on private international law. It explains the rules, principles and practice that determine how the law of England & Wales relates to other legal systems. Its commentary and illustrations, with detailed reference to case law, ensures it remains an in-depth but accessible research tool for practitioners engaged in trans-national work, whether litigious or not.
The 5th Supplement to the 15th Edition brings the main work up-to-date and deals with all the developments since the publication of the main work.
Renowned worldwide as the foremost authority on private international law, Dicey, Morris & Collins on the Conflict of Laws:
- Explains the rules, principles and practice that determine how the law of England and Wales relates to other legal systems, dealing (in volume 1) with general principles, procedure, state immunity, jurisdiction of courts, enforcement of foreign judgments and international arbitration, before covering (in volume 2) family law, property law and trusts, corporations and bankruptcy, contracts, torts, unjust enrichment and equitable claims, and foreign currency obligations
- Deals with the rules for ascertaining the domicile and residence of a natural person
- Looks at distinction between matters of substance and matters of procedure, remedies and process, evidence, set-off and counterclaims, priorities and damages, and statutes of limitation
- Covers a number of significant procedural issues which arise in the conduct of international litigation, such as freezing injunctions, service of process, obtaining evidence overseas and security for costs
- Looks at the mode of proving foreign law
- Deals with the jurisdiction of the English courts under the recast Brussels I Regulation, at common law and pursuant to international conventions and statutes
- Deals with jurisdictional immunities of foreign States, diplomats and consuls, and members of international organisations
- Explains the enforcement and recognition in England of foreign judgments from both within and outside the European Union
- Deals with the law governing arbitration agreements and procedure, the enforcement of arbitral awards and the relationship between court and arbitral proceedings
- Covers specific areas of law including family law, the law of property and trusts, corporations, insolvency and bankruptcy, the law of obligations including contract, tort, unjust enrichment and foreign currency obligations
Important developments considered in the 5th Supplement include:
- An updated Preface entitled “Brexit and the Conflict of Laws” explaining the implications of Brexit for cross-border litigation
- Detailed commentary on the recast Insolvency Regulation
- All the many new European Court, Commercial Court and appellate cases on jurisdiction and enforcement of foreign judgments
- Authorities on the enforcement of arbitration agreements
- Authorities on the enforcement of foreign penal laws, state immunity and act of state
- Important new decisions on the Hague Convention on International Child Abduction 1980 and on habitual residence
- New decisions on the interpretation of the rules on choice of law for contractual and non-contractual obligations and property.
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