International commercial litigation : text, cases and materials on private international law / Trevor C. Hartley, London School of Economics and Political Science.
Introduction -- Jurisdiction : an analysis -- Jurisdiction under EU law -- EU law : special jurisdiction -- EU law : the problem of pure financial loss -- The traditional English rules -- Developments in Canada -- US law : an outline -- Choice-of-court agreements -- Jurisdictional conflicts : the common-law approach -- Jurisdictional conflicts : the EU approach -- Special topic I : product liability -- Special topic II : defamation -- Introduction to Part III -- EU law -- English law : jurisdiction -- English law : defences -- US law : some highlights -- Freezing assets -- Obtaining evidence abroad : forum procedures -- Obtaining evidence abroad : international co-operation -- Introduction to choice of law -- Torts -- Contracts : the principle of party autonomy -- Contracts : legal policy and choice of law -- The common-law countries : regulating business, protecting employees and helping consumers -- Foreign currency -- Property : tangible movables -- Contractual rights and property interests -- I -- Contractual rights and property interests -- II -- Contractual rights and property interests -- III.
Summary:
"When a foreign judgment is recognized, what exactly is it that is recognized? Here there seems to be a difference between the common law and the civil law. In the civil law, it is sometimes said that the final ruling or order (in German, the Tenor or Spruch; in French, the dispositif) is all that is recognized. In the common-law world, however, the doctrine known variously as issue estoppel,2 collateral estoppel or issue preclusion3 requires a court in certain circumstances to recognize rulings by the court of origin on preliminary issues.4 Estoppel is a doctrine peculiar to the common law. It is too complex to sum up in a few words, but the underlying idea may be explained by saying that a person should not be allowed to say one thing at one time and another thing at another 2 British and Commonwealth terminology. 3 These latter two expressions are both United States terminology. 4 This raises the question which law should decide whether issue estoppel applies: should it be the law of the State of origin or that of the State of recognition"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.