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

 

Overview   |   Table of Contents
Dicey, Morris & Collins on the Conflict of Laws

9780414035027
Jun 2016
Hardback
Number of volumes: 2

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, 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 to laws
  • Defines a range of geographical and technical terms used in conjunction with conflict of law 
  • Deals with two matters of considerable theoretical difficulty: first, characterisation, the fundamental problem of conflict of law systems applicable in England and other European countries; and, second, the incidental question, where a subsidiary matter could be governed by the law of a foreign country whilst the main matter is governed by English rule of conflict of law
  • Looks at the factor of time in conflict of laws, such as changes in the law or the circumstances on those involved
  • Deals with the meaning of the expression of “law of a country” and what it entails
  • Covers the exclusion in England of a foreign rule on grounds of public policy or refusal of English courts to enforce foreign public law or acts
  • Deals with the rules for ascertaining the domicile and residence of a natural person
  • Looks at procedural questions, including the 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 issues which arise in the conduct of international litigation
  • Looks at the mode of proving foreign law
  • Deals with the jurisdiction of the court in claims, the enforcement of judgments, and with arbitration and the enforcement of foreign awards
  • Deals with jurisdictional immunities of foreign States, diplomats and consul, and members of international organisations
  • Explains the enforcement and recognition in England or foreign judgments
  • Deals with the law governing arbitration agreements and procedure
  • Covers specific areas of law including family law, law of property, corporations, insolvency and bankruptcy, the law of obligations including contract, tort, unjust enrichment and foreign currency obligations

 

The 1st 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:

  • The recast Brussels I Regulation
  • New UK Supreme Court decisions on habitual residence
  • Important new decisions on state immunity
  • The Sulamerica case in international arbitration
  • The Marriage (Same Sex Couples) Act 2013
  • All the many new European Court and Commercial Court cases on jurisdiction, judgments, contract and tort