Dicey, Morris & Collins on the Conflict of Laws, 15th Edition, 2nd Supplement

 

Overview
Dicey, Morris & Collins on the Conflict of Laws

9780414050655
Jul 2015
Paperback

Renowned worldwide as the foremost authority on private international law, Dicey, Morris & Collins on the Conflict of Laws:

  • Explains the rules, principles and practice that determine how the law of England and Wales relates to other legal systems, dealing (in volume 1) with general principles, procedure, state immunity, jurisdiction of courts, enforcement of foreign judgments and international arbitration, before covering (in volume 2) family law, property law and trusts, corporations and bankruptcy, contracts, torts, unjust enrichment and equitable claims, and foreign currency obligations
  • Sets out the nature and scope of conflict of laws, the interpretation of statutes which implement international conventions and the operation of statures in the conflict of laws
  • Defines a range of geographical and technical terms used in relation to the conflict of laws and deals with the meaning of the expression of “law of a country”
  • Deals with two matters of considerable theoretical difficulty: first, characterisation, the fundamental problem of conflict of laws systems applicable in England and other European countries; and, second, the incidental question, where a subsidiary matter could be governed by the law one country whilst the main matter is governed by a different law
  • Looks at the factor of time in the conflict of laws, including the effect of changes in the law or the circumstances of the parties
  • Covers the exclusion in England of a foreign rule on grounds of public policy or refusal of English courts to enforce foreign penal, revenue or public laws or acts
  • Deals with the rules for ascertaining the domicile and residence of a natural person
  • Looks at distinction between matters of substance and matters of procedure, remedies and process, evidence, set-off and counterclaims, priorities and damages, and statutes of limitation
  • Covers a number of significant procedural issues which arise in the conduct of international litigation, such as freezing injunctions, service of process, obtaining evidence overseas and security for costs
  • Looks at the mode of proving foreign law
  • Deals with the jurisdiction of the English courts under the recast Brussels I Regulation, at common law and pursuant to international conventions and statutes
  • Deals with jurisdictional immunities of foreign States, diplomats and consuls, and members of international organisations
  • Explains the enforcement and recognition in England of foreign judgments from both within and outside the European Union
  • Deals with the law governing arbitration agreements and procedure, the enforcement of arbitral awards and the relationship between court and arbitral proceedings
  • Covers specific areas of law including family law, the law of property and trusts, corporations, insolvency and bankruptcy, the law of obligations including contract, tort, unjust enrichment and foreign currency obligations


The 2nd Supplement to the 15th Edition brings the main work up-to-date and deals with all the developments since the publication of the main work. Important developments considered in the 2nd Supplement include:

  • The recast Brussels I Regulation
  • All the many new European Court, Commercial Court and appellate cases on jurisdiction and enforcement of foreign judgments
  • The relationship between arbitration and court proceedings
  • Authorities on the enforcement of foreign penal laws, state immunity and acts of state