Your Waterstones card is changing, introducing...
TELL ME MORE
Forum Shopping in the European Judicial Area - Studies of the Oxford Institute of European & Comparative Law 7 (Hardback)
  • Forum Shopping in the European Judicial Area - Studies of the Oxford Institute of European & Comparative Law 7 (Hardback)
zoom

Forum Shopping in the European Judicial Area - Studies of the Oxford Institute of European & Comparative Law 7 (Hardback)

(editor)
£70.00
Hardback 248 Pages / Published: 18/12/2007
  • We can order this

Usually despatched within 3 weeks

  • This item has been added to your basket
One of the issues left untouched by the Brussels Convention of 27 September 1968 (and by the Brussels-1 Regulation replacing it) concerns the leeway left to domestic courts when applying European rules on international jurisdiction in civil and commercial matters. For instance, is the court under a duty of strict compliance with the jurisdiction rule as it is drafted? Would such a duty go so far as to require the court to abide by the jurisdiction rule, even though it is being used by one of the litigants to achieve an unfair result, for example to delay adjudication on the merits? Under what conditions may the Court decline jurisdiction on account of any unsuitable forum shopping, thus ruling out the European provision on jurisdiction? Recent litigation in the ECJ has yielded rather, even excessively, restrictive answers, ruling out any discretion by domestic courts to remedy any inconvenience arising from the strict application of the European provisions, if such discretion were provided for by the lex fori (the Gasser case, the Turner case, and the Owusu case). This series of rulings from the ECJ raises several questions. Most observers have questioned the appropriateness of prescribing a blind application of European rules on jurisdiction by domestic courts, relying on the legal traditions of EC Member States usually providing for corrective mechanisms - such as 'forum non conveniens' in English Law and 'exception de fraude' in French Law - in cases when a party abusively triggers the jurisdiction of a court in order to obtain an unjust advantage, thus practising unacceptable forum shopping. The time has now come for an analysis, under both Community and comparative law, of the ramifications of the recent Gasser/Turner/Owusu cases. Readers will find in this book a collection of studies by some of the leading English and French experts today, analysing the ins and outs of jurisdiction and forum shopping in Europe.

Publisher: Bloomsbury Publishing PLC
ISBN: 9781841137834
Number of pages: 248
Weight: 480 g
Dimensions: 234 x 156 x 19 mm

You may also be interested in...

I Let Him Go
Added to basket
£8.99   £6.99
Paperback
East West Street
Added to basket
£9.99
Paperback
The Wind in My Hair
Added to basket
Letters to a Law Student
Added to basket
The Rule of Law
Added to basket
£9.99
Paperback
A Dictionary of Law
Added to basket
£12.99
Paperback
Law's Strangest Cases
Added to basket
In Your Defence
Added to basket
£16.99   £10.99
Hardback
Life in the UK Test: Study Guide & CD ROM 2018
Added to basket
The Ten Types of Human
Added to basket
£9.99   £7.99
Paperback
The Future of the Professions
Added to basket
Life in the UK Test: Handbook 2018
Added to basket
Eichmann in Jerusalem
Added to basket
Punch and Judy Politics
Added to basket
Red Card
Added to basket
£16.99   £14.99
Hardback

Reviews

Please sign in to write a review

Your review has been submitted successfully.