This book deals with the basic approaches to international jurisdiction in commercial contractual disputes, with a comprehensive analysis of jurisdictional regimes of major Continental European countries, England, the United States and the Brussels Regulation 44/2001. It contains an exhaustive comparative study of each rule establishing jurisdiction over disputes arising from transnational commercial contracts entered into between private entities and/or corporations. The analysis includes key issues such as defendant’s forum, corporate domicile, contract jurisdiction, branch jurisdiction, transacting and doing business, and describes the importance of U.S. due process standards, fair trial considerations and the forum (non) conveniens doctrines. It further explores whether any common grounds in international jurisdiction rules exist and assesses the feasibility of a uniform global system for international contractual disputes also in relation to the previous work of The Hague Conference of Private International Law on a worldwide jurisdiction convention.
A valuable text for academics and practitioners dealing with private international law and international commercial litigation worldwide.
Winner of the AiSDC Prize 2010.