Cross-Border Judicial Cooperation in Offshore Litigation
(The British Offshore World)
Seiten
2016
|
2nd Revised edition
Wildy, Simmonds and Hill Publishing (Verlag)
978-0-85490-163-0 (ISBN)
Wildy, Simmonds and Hill Publishing (Verlag)
978-0-85490-163-0 (ISBN)
This book provides a detailed explanation of how Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and the Isle of Man approach the judicial cooperation issues of obtaining evidence for use in foreign proceedings, enforcing foreign judgments, and cross-border insolvency.
The global economic downturn has led to increased commercial litigation and insolvency proceedings in financial centres across the world. As a result, there has been a growing need to seek the assistance of courts in offshore jurisdictions where significant assets and/or evidence are likely to be found. Informed judgements must be made about what rules of law and practice govern the relevant judicial cooperation regimes, both by lawyers who manage litigation onshore concerning assets or evidence located offshore, and by offshore lawyers asked to advise their onshore counterparts. Although geographically small, the British territories of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and the Isle of Man are well established international financial centres. These six commercially significant jurisdictions are home to a vast array of commercial entities which conduct business throughout the world. There is growing concern over how the courts of these jurisdictions will cooperate with courts in other centres of commerce in responding to letters of request, enforcing foreign judgments, or assisting foreign liquidators. This book is the only publication to provide a detailed explanation of the law and practice in each of these six British territories and how each approaches the judicial cooperation issues of obtaining evidence for use in foreign proceedings, enforcing foreign judgments, and cross-border insolvency. It is edited by a commercial judge and two experienced commercial litigators with contributions from experts in each jurisdiction, all written from the perspective of the practitioner.
The global economic downturn has led to increased commercial litigation and insolvency proceedings in financial centres across the world. As a result, there has been a growing need to seek the assistance of courts in offshore jurisdictions where significant assets and/or evidence are likely to be found. Informed judgements must be made about what rules of law and practice govern the relevant judicial cooperation regimes, both by lawyers who manage litigation onshore concerning assets or evidence located offshore, and by offshore lawyers asked to advise their onshore counterparts. Although geographically small, the British territories of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and the Isle of Man are well established international financial centres. These six commercially significant jurisdictions are home to a vast array of commercial entities which conduct business throughout the world. There is growing concern over how the courts of these jurisdictions will cooperate with courts in other centres of commerce in responding to letters of request, enforcing foreign judgments, or assisting foreign liquidators. This book is the only publication to provide a detailed explanation of the law and practice in each of these six British territories and how each approaches the judicial cooperation issues of obtaining evidence for use in foreign proceedings, enforcing foreign judgments, and cross-border insolvency. It is edited by a commercial judge and two experienced commercial litigators with contributions from experts in each jurisdiction, all written from the perspective of the practitioner.
Ian Kawaley is a Commercial Court Judge in Bermuda Andrew Bolton is a Partner with Appleby and head of the firm’s litigation and insolvency practice Robin Mayor is a Partner with Conyers Dill & Pearman in Bermuda
Part I Overview
Part II Obtaining Evidence for Use in Foreign Proceedings
Part III Enforcement of Foreign Judgments
Part IV Judicial Cooperation in Cross-Border Insolvency
Part V Conclusion
| Erscheinungsdatum | 02.02.2016 |
|---|---|
| Verlagsort | London |
| Sprache | englisch |
| Maße | 152 x 229 mm |
| Gewicht | 720 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Internationales Privatrecht | |
| ISBN-10 | 0-85490-163-9 / 0854901639 |
| ISBN-13 | 978-0-85490-163-0 / 9780854901630 |
| Zustand | Neuware |
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1. Halbband: §§ 433-480, CISG
Buch | Hardcover (2024)
C.H.Beck (Verlag)
CHF 166,60
