Advanced Introduction to Private International Law and Procedure

Litigating disputes in international civil and commercial cases presents special challenges, including jurisdiction, law, and enforcement. This second edition Advanced Introduction provides a concise overview of the field.

Format: Hardback
Length: 178 pages
Publication date: 18 July 2023
Publisher: Edward Elgar Publishing Ltd

Litigating disputes in international civil and commercial cases presents a multitude of unique challenges. Determining which country's courts have jurisdiction and where it is strategically advantageous to initiate a lawsuit is a crucial aspect. Given the transnational nature of the case, the question arises as to which country's law will the court apply. Furthermore, if a successful plaintiff encounters difficulties in locating sufficient local assets to satisfy the judgment, what steps must be taken to ensure the enforcement of the judgment in a country with assets? This extensively revised and updated second edition, Advanced Introduction, provides a comprehensive overview of these critical topics, offering a concise yet comprehensive guide to the field.

The jurisdiction of foreign courts in international civil and commercial cases is a complex and multifaceted issue. In general, foreign courts may exercise jurisdiction over parties who have a sufficient connection to their jurisdiction, such as through their physical presence, business activities, or contractual relationships. However, the specific requirements for jurisdiction can vary depending on the country's laws and the nature of the dispute.

One of the key considerations in determining jurisdiction is whether the foreign court has personal jurisdiction over the parties. Personal jurisdiction refers to the power of a court to exercise jurisdiction over a party based on its connection to the forum state. In international cases, personal jurisdiction may be based on the following factors:

The physical presence of the parties in the forum state.
The conduct of the parties in the forum state.
The establishment of a business presence in the forum state.
The conclusion of contracts in the forum state.

Another important consideration is whether the foreign court has subject matter jurisdiction over the dispute. Subject matter jurisdiction refers to the power of a court to hear and decide a particular type of case. In international cases, subject matter jurisdiction may be based on the following factors:

The nature of the dispute.
The applicable law.
The interests of the parties.

In addition to jurisdiction, another important consideration in international litigation is the choice of law. The choice of law determines which legal system will apply to the dispute. In international cases, the choice of law may be based on the following factors:

The parties' agreement.
The law of the forum state.
The law of the country where the dispute arose.
The principles of international law.

The choice of law can have significant implications for the outcome of the case, as different legal systems may have different rules and principles. For example, in some legal systems, evidence may be admissible in a way that is not admissible in others.

If a successful plaintiff cannot find sufficient local assets to satisfy a judgment, there are several options available to enforce the judgment. One option is to seek assistance from the local authorities or government agencies. In some countries, there are specialized enforcement agencies or departments that can help enforce foreign judgments. For example, in the United States, the U.S. Marshals Service is responsible for enforcing federal judgments across the country.

Another option is to pursue alternative enforcement methods, such as freezing the defendant's assets or seizing their property. In some cases, courts may also order the defendant to pay the judgment in installments or to provide security for the payment of the judgment.

In conclusion, litigating disputes in international civil and commercial cases presents a number of unique challenges. Determining which country's courts have jurisdiction, where it is advantageous to sue, and which country's law will apply are critical aspects of the litigation process. In addition, if a successful plaintiff cannot find sufficient local assets to satisfy a judgment, there are several options available to enforce the judgment, including seeking assistance from local authorities or government agencies, pursuing alternative enforcement methods, or obtaining a writ of execution or attachment.

Dimension: 216 x 138 (mm)
ISBN-13: 9781803928852
Edition number: 2 ed