Employment and Commercial Disputes: The International Aspects

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1526515792
Total Pages : 596 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Employment and Commercial Disputes: The International Aspects by : Paul Nicholls, KC

Download or read book Employment and Commercial Disputes: The International Aspects written by Paul Nicholls, KC and published by Bloomsbury Publishing. This book was released on 2020-12-28 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element. Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK. It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases. As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given.

Employment and Commercial Disputes: The International Aspects

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Author :
Publisher : Bloomsbury Professional
ISBN 13 : 9781526515803
Total Pages : 408 pages
Book Rating : 4.5/5 (158 download)

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Book Synopsis Employment and Commercial Disputes: The International Aspects by : Paul Nicholls Nicholls QC

Download or read book Employment and Commercial Disputes: The International Aspects written by Paul Nicholls Nicholls QC and published by Bloomsbury Professional. This book was released on 2021-01-28 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element. Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK. It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases. As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given.

Employment and Commercial Disputes

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Author :
Publisher :
ISBN 13 : 9781526515827
Total Pages : 553 pages
Book Rating : 4.5/5 (158 download)

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Book Synopsis Employment and Commercial Disputes by : Paul Nicholls

Download or read book Employment and Commercial Disputes written by Paul Nicholls and published by . This book was released on with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element. Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK. It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases. As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given."--

Employment and Commercial Disputes: The International Aspects

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1526515814
Total Pages : 606 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Employment and Commercial Disputes: The International Aspects by : Paul Nicholls, KC

Download or read book Employment and Commercial Disputes: The International Aspects written by Paul Nicholls, KC and published by Bloomsbury Publishing. This book was released on 2020-12-28 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element. Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK. It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases. As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given.

International Commercial Disputes

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1849468567
Total Pages : 1032 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis International Commercial Disputes by : Jonathan Hill

Download or read book International Commercial Disputes written by Jonathan Hill and published by Bloomsbury Publishing. This book was released on 2014-11-24 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international 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 of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards. This title is included in Bloomsbury Professional's International Arbitration online service.

International Commercial Disputes in English Courts

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Author :
Publisher : Hart Publishing
ISBN 13 : 9781841134666
Total Pages : 0 pages
Book Rating : 4.1/5 (346 download)

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Book Synopsis International Commercial Disputes in English Courts by : Jonathan Hill

Download or read book International Commercial Disputes in English Courts written by Jonathan Hill and published by Hart Publishing. This book was released on 2005-09-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third edition of a book formerly published by Lloyds of London Press under the title International Commercial Disputes. It is concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, as a consequence of which English law is very similar to or the same as the law of other countries in Europe and beyond. The work comprises three 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 regime (comprising the Brussels I Regulation, the Brussels Convention and the Lugano Convention) and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, antisuit injunctions and provisional measures. The works 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, foreign currency obligations and proof of foreign law. The third part of the work is an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties dispute; and the recognition and enforcement of foreign arbitration awards.

Cases and Materials on Commercial Arbitration

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Author :
Publisher : Juris Juris
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis Cases and Materials on Commercial Arbitration by : Thomas E. Carbonneau

Download or read book Cases and Materials on Commercial Arbitration written by Thomas E. Carbonneau and published by Juris Juris. This book was released on 1998 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases & Materials covers all essential aspects of the arbitral process & are divided between commentary & texts. The book accomplishes both an informational & analytical function. Cases & statutes are followed by extensive & rigorous evaluations. While focusing principally on domestic arbitration within the United States, the work does not ignore either the cross-border or the comparative dimensions of arbitral dispute resolution. The Materials address a number of procedural questions that have arisen in practice & emphasize, as critically important, the drafting of arbitration agreements & counseling on matters of arbitration. "The book begins with considerable attention to the theoretical basis for enforcing arbitration agreements & awards. In this connection, Carbonneau respects & explains the vital distinction between labor & commercial disputes better than many judges & scholars have done. Two chapters are spent on the important issue of how federalism affects arbitration law. An excellent chapter on arbitration & statutory rights takes the reader through the doctrinal evolution of "subject matter arbitrability," both in the traditional problems areas of securities & antitrust, & in the more current hot topics of age & sex discrimination in employment. Four chapters deal with international aspects of arbitration, including a look at arbitration law in several non-American jurisdictions, & an examination of treaty-created arbitration under NAFTA, the Iran Claims Tribunal & the Iraqi War Claims Commissions. The book's great strengths are twofold. First, its encyclopedic completeness misses no major case. Second, Professor Carbonneau devotes an almost loving attention to detail in his clear introductions & carefully weighed analytic comments & questions. With grace, elegance & style, Professor Carbonneau has put together a superb work on American arbitration law. His materials would be a bargain even at twice the price." William W. Park Professor of Law, Boston University Counsel, Ropes & Gray, Boston Vice President, London Court of International Arbitration "Tom Carbonneau's 'Cases & Materials on Commercial Arbitration' is a major contribution to the literature on arbitration. ... it contains not only excerpts of the most important U.S. cases on arbitration but also extensive commentary & analysis that will prove invaluable to practitioners, policy makers & academics who are already familiar with the field. The documentary supplement will also prove immensely valuable, particularly to those who are interested in international arbitration practice. Jean R. Sternlight Professor of Law, Florida State University Director of Education & Research, Florida Dispute Resolution Center.

International Employment Disputes

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Author :
Publisher :
ISBN 13 : 9780414073531
Total Pages : 458 pages
Book Rating : 4.0/5 (735 download)

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Book Synopsis International Employment Disputes by : Daniel Oudkerk

Download or read book International Employment Disputes written by Daniel Oudkerk and published by . This book was released on 2019 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Employment Law: The Multinational Employer and the Global Workforce

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Author :
Publisher : BRILL
ISBN 13 : 9004480609
Total Pages : 278 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis International Employment Law: The Multinational Employer and the Global Workforce by : Christian Campbell

Download or read book International Employment Law: The Multinational Employer and the Global Workforce written by Christian Campbell and published by BRILL. This book was released on 2021-10-25 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful survey of the legal issues, both national and international, that affect the cross-border employment relationship today. Essays by practitioners from North America and Europe offer prudent procedures-and warn of pitfalls-in such areas as hiring and firing, expatriate employment issues, the extraterritorial effect of domestic employment laws, corporate codes of conduct, employee benefits in the multinational corporation, and employment issues in international business transactions and trade agreements. Published under the Transnational Publishers imprint.

The Role of International Administrative Law at International Organizations

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Author :
Publisher : BRILL
ISBN 13 : 9004441034
Total Pages : 342 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Role of International Administrative Law at International Organizations by :

Download or read book The Role of International Administrative Law at International Organizations written by and published by BRILL. This book was released on 2020-11-04 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520019
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by : Zena Prodromou

Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

International Labor & Employment Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 762 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis International Labor & Employment Law by :

Download or read book International Labor & Employment Law written by and published by . This book was released on 2005 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the host of legal issues facing global businesses, perhaps none is more significant than the issues regarding the individual employees who keep the business running on a daily basis. International Labor & Employment Law is a comprehensive book to help businesses understand the laws that govern labor & employment around the world and to create a successful workforce transcending traditional barriers. Authored by attorneys representing twenty-five jurisdictions on six continents, this book walks through the broad legal basics of each country's court system as well as the specific laws relating to hiring and firing, unions, employee benefits, and other important aspects of labor and human resources. The chapters in this book take readers beyond the laws that exist on paper and provide practical information on the current legal environment, relevant case law, and standard business practices. Whether the business requires sending employees overseas, acquiring an already-staffed company,

Best Practices in Resolving Employment Disputes in International Organizations

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Author :
Publisher :
ISBN 13 : 9789221300397
Total Pages : 195 pages
Book Rating : 4.3/5 (3 download)

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Book Synopsis Best Practices in Resolving Employment Disputes in International Organizations by : Annika Talvik

Download or read book Best Practices in Resolving Employment Disputes in International Organizations written by Annika Talvik and published by . This book was released on 2015 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The European Private International Law of Employment

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Publisher : Cambridge University Press
ISBN 13 : 1107082943
Total Pages : 383 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The European Private International Law of Employment by : Uglješa Grušić

Download or read book The European Private International Law of Employment written by Uglješa Grušić and published by Cambridge University Press. This book was released on 2015-05-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uglješa Grušić examines the legal regulation of transnational employment relationships in the private international law of the European Union.

International Commercial Agreements

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Publisher :
ISBN 13 : 9789041126702
Total Pages : 0 pages
Book Rating : 4.1/5 (267 download)

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Book Synopsis International Commercial Agreements by : William F. Fox

Download or read book International Commercial Agreements written by William F. Fox and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well-known since its first edition for its lucid explanation of the important concepts affecting international commercial agreements in terms that a lawyer or business executive new to the field can understand and use - rather than the legal jargon of experts talking to other experts - this incomparable work provides basic, precise information on setting up and performing international trade transactions. Its focus reflects the reality of the day-to-day business of international trade, which is primarily an undertaking between two private businesses based on a contract drafted and negotiated between the two parties for performance by them with occasional third-party assistance.Reinforcing the book's concentration on the private dimensions of international trade, and more precisely on the contractual aspects of that trade, the Fourth Edition extends its coverage to the newest growing dimensions of the field, with new chapters on intellectual property, international electronic commerce, etc

International Commercial Arbitration

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122192
Total Pages : 528 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Commercial Arbitration by : A. J. van den Berg

Download or read book International Commercial Arbitration written by A. J. van den Berg and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties

The Law Relating to International Commercial Disputes

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Author :
Publisher : Informa Pub
ISBN 13 : 9781859788264
Total Pages : 801 pages
Book Rating : 4.7/5 (882 download)

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Book Synopsis The Law Relating to International Commercial Disputes by : Jonathan Hill

Download or read book The Law Relating to International Commercial Disputes written by Jonathan Hill and published by Informa Pub. This book was released on 1998 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: Devoted to commercial disputes, this text describes the framework for the resolution of disputes and helps the reader ask three basic questions: can the dispute be resolved in England?; what law is applicable?; and will a foreign judgment be recognized? - as well as other related problems. It covers aspects of the law that are relevant for commercial situations - such as arbitration law, provisional measures, and international legal personality, and includes those areas of private international law which are relevant to mainstream commercial practice. This second edition takes in recent developments, including the Arbitration Act 1996 and Part III of the Private International Law (Miscellaneous Provisions) Act 1995. Other features for this edition include an expanded section on choice of law in restitution.