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International Commercial Litigation, by Richard Fentiman
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The legal framework of cross-border commercial disputes is important and complex in practice, but it is increasingly difficult to discern the subject's structure and assumptions. This book is a definitive account of the law and practice of international commercial disputes in the English courts, which summarizes the present state of the law, and articulates its underlying principles. It is intended to be accessible to non-specialist practitioners.
The book offers an account of the subject which is comprehensive, yet also concise and highly focused, designed to reflect the perceptions and concerns of practitioners. A feature of the book is its emphasis on evolving areas of practice, and issues of difficulty. Such topics as the developing law of cross-border injunctions, and the relationship between national and community law are extensively explored. Where the law is uncertain or controversial, the rival arguments are examined and assessed. The emphasis is on the solution of current (or future) problems, in addition to explaining contested issues. It is as much concerned with the impact of litigation on cross-border transactions - including prospective planning and risk-avoidance - as it is with dispute resolution. It examines the scope of party choice, and the legal risks associated with cross-border business. Consideration is given as to how these risks might be avoided or reduced by planning or agreement, by adopting particular business structures, or by opting for alternative forms of dispute resolution.
- Sales Rank: #4864205 in Books
- Published on: 2010-04-19
- Original language: English
- Number of items: 1
- Dimensions: 7.10" h x 2.10" w x 9.80" l, 3.45 pounds
- Binding: Hardcover
- 575 pages
Review
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 is Reader in Private International Law at the University of Cambridge and a Fellow of Queen's College, Cambridge. He previously practiced full time as a solicitor, and is now consultant to the City law firm of Allen & Overy where he advises on conflict of laws problems arising in commercial practice, as well as developing their internal training program. He is well known for his expertise and writing on the subject of private international law, and in particular for his book Foreign Law in English Courts: Pleading, Proof and Choice of Law (OUP, 1998)
Most helpful customer reviews
0 of 0 people found the following review helpful.
Relevant and timely
By A. Savin
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.
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