Principle and Pragmatism in Private International Law

Essays for Richard Fentiman

Pippa Rogerson (Anthology Editor) , Louise Merrett (Anthology Editor) , Marie Louise Kinsler KC (Anthology Editor) , Faidon Varesis (Anthology Editor)

Principle and Pragmatism in Private International Law

Essays for Richard Fentiman

Pippa Rogerson (Anthology Editor) , Louise Merrett (Anthology Editor) , Marie Louise Kinsler KC (Anthology Editor) , Faidon Varesis (Anthology Editor)

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From anti-suit injunctions to digital-age risk, this book gives practitioners and scholars an unrivalled roadmap to international commercial litigation.

Principle and Pragmatism in Private International Law delivers a one-stop roadmap for today's cross-border dispute-solvers, uniting leading voices on private international law around the twin hallmarks of Richard Fentiman's thought: doctrinal clarity and commercial pragmatism.

Spanning five thematic parts-General Principles; Choice of Law & Foreign Law; Jurisdiction and Jurisdiction Agreements; Cross-border Injunctions; and Risk-the book probes more than forty landmark cases and channels insight from contributors based in the UK, Europe, North America, Australia, Korea and New Zealand. Essays test the limits of Rome II, Brussels I bis, the Hague Choice of Court Convention, and recent Supreme Court decisions such as UniCredit and Brownlie, supplying concrete guidance on forum selection, governing law, enforcement strategy and litigation risk.

For researchers, advanced students, litigators, and arbitrators, this book delivers doctrinal depth and strategic know-how in equal measure. It stands as a timely tribute to a scholar whose ideas shape courts and classrooms worldwide-and the essential desk companion for anyone navigating private international law today.

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Introduction, Marie Louise Kinsler KC (2 Temple Gardens, UK), Louise Merrett (University of Cambridge, UK), Pippa Rogerson (University of Cambridge, UK) and Faidon Varesis (University of Cambridge, UK)

Foreword, Lord Mance (Former Deputy President of the Supreme Court of the United Kingdom)

1. Managing Risk in International Commercial Litigation, William Day (Downing College, UK)
2. The Identification of Unwritten Law, Henry Forbes Smith KC (One Essex Court, UK)
3. Restructurings, Jurisdiction and the Idea of 'Sufficient Connection', Adam Johnson (Chancery Division of the High Court, UK)
4. Restraining Foreign Proceedings: The Difference a Jurisdiction Clause Makes, Mary Keyes (Griffith University, Australia)
5. Anti-suit Injunctions: A Welcome Oasis or a Mirage for Civil Law Jurisdictions?, Min Kyung Kim (Incheon District Court, the Judiciary of Korea)
6. The Foreign Act of State Doctrine: Unnecessary and Excessive?, Hayk Kupelyants (King's College London, UK)
7. Foreign Law in International Litigation: A Transnational Approach, Soterios Loizou (King's College London, UK)
8. Judicial Jurisdiction in England Reappraised, Campbell McLachlan (University of Cambridge, UK)
9. On the Foreignness of Foreign Law, Ralf Michaels (Queen Mary University London, UK)
10. Who and What is Private International Law For?, Alex Mills (University College London, UK)
11. Epistemological Conundra in the Conflict of Laws, Horatia Muir Watt (Sciences Po, France)
12. The Object of Private International Law, Haris Pamboukis (National and Kapodistrian University of Athens, Greece)
13. The Neutral-Weight Flexible Exception in Choice of Law in Tort, Stephen Pitel (Western University Canada)
14. The Characterisation of Interest in Private International Law, Pippa Rogerson (University of Cambridge, UK)
15. Dispute Resolution and the Shift from Risk to Uncertainty: Navigating Ambiguity in New EU Digital Regulations, Andrej Savin (Copenhagen Business School, Denmark)
16. What Lies Ahead for the US Law of Judicial Jurisdiction? – Recent Developments and a Possible Transformation for US Law, Linda Silberman (New York University, USA)
17. The Anatomy of Conflict: Parallel Proceedings from Prevention to Enforcement, Faidon Varesis (University of Cambridge, UK)
18. The Scope of Jurisdiction Agreements with Regard to Tort Claims, Corinne Widmer Lüchinger (University of Basel, Switzerland)
19. The 'Null and Void' Exception to the Validity of Choice of Court Agreements, Arnaud Nuyts (University of Brussels, Belgium)
20. Pragmatism, Strategy, and the Architecture of Modern Private International Law: Richard Fentiman's Contribution to a New Paradigm, Nikitas Hatzimihail (University of Cyprus)