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Hart PublishingPrivate International Law 2019

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Collection No. of titlesHart Publishing 2014 96Hart Publishing 2015 87Hart Publishing 2016 101Hart Publishing 2017 110Hart Publishing 2018 108Hart Publishing 2019 131CH Beck - Hart - Nomos 2014 4CH Beck - Hart - Nomos 2015 7CH Beck - Hart - Nomos 2016 20CH Beck - Hart - Nomos 2017 1CH Beck - Hart - Nomos 2018 9CH Beck - Hart - Nomos 2019 10Comparative Law & Legal History 47Competition Law 48Constitutional & Administrative Law 72Contract, Tort & Restitution 68Corporate & Financial Law 30Criminal Law & Justice 73Environmental Law 14European Law 100Family & Social Law 37Human Rights Law 51Intellectual Property Law 21International Law 111Labour & Discrimination Law 22Legal Philosophy 60Litigation & Civil Procedure 22Medical Law & Ethics 24The Law of Property & Trusts 36

Studies in Private International Law - AsiaGeneral Editor: Anselmo ReyesAdvisory Editor: Paul Beaumont

Much has been written about private international law in the EU and the US. Less is known about the con¬flict of laws in Asia. Thus, little attention has been paid so far to the modernisation of private international law codes and rules that has been taking place over the last decade all over Asia. That trend continues. Now is the time to take stock of those reforms that have already taken place and suggest further improvements for the future.

Published under the celebrated series Studies in Private International Law, this monograph sub-series provides a forum for discussion and analysis of private international law in Asia. The series is not solely a survey of jurisdictions for practitioners. Comprising both in-depth thematic and country-specific studies, each volume considers the private international law of Asian countries from a variety of perspectives. An underlying assumption is that private international law in different jurisdictions follows broadly discernible patterns. Each volume in this sub-series highlights those patterns and discusses how rules in different Asian jurisdictions are either converging with, or diverging from, the patterns identified. Such an analytical framework will assist academics, judges, lawyers and legislators to envisage ways in which laws affecting cross-border relationships can be harmonised across jurisdictions and be made more responsive to the needs of citizens in Asia and elsewhere.

Private International Law Series

Studies in Private International LawGeneral Editor: Paul Beaumont

This series provides an outlet for modern scholarly works on private international law. As such it aims to include monographs, edited collections and shorter specialised works which reflect the wide intellectual and practical scope of private international law, providing academics and practitioners with a new source of original and innovative books on the perennial, as well as emerging, problems thrown up by international litigation.

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Private International Law Titles (2018-2020)

Rethinking Judicial Jurisdictionin Private International LawParty Autonomy, Categorical Equality and SovereignityMilana KarayanidiThis book explores the theory and practice of judicial jurisdiction within the field of the conflict of laws or private international law. It offers a revised look on values justifying the power of courts to hear and decide cross-border disputes. It demonstrates that re-conceptualisation of jurisdiction is needed. Rather than deriving from the territorial power of the states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. Party autonomy can be limited by considerations of categorical equality in view of protecting certain categories of private parties and limited state sovereign interests that are essential to preserve the integrity of the international system.

The book further applies this normative view to the existing rules of jurisdiction in the European Union, the common law, and the Russian Federation. These regimes are chosen because of their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these targeted regimes reveal a surprising consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. Therefore, the book shows to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors. It proposes ways to improve the current rules.

Milana Karayanidi is an attorney at Orrick.

Jan 2020 | 224pp | Hbk | 9781509924776 | RSP: £75Series: Studies in Private International Law

Economic Sanctions in EUPrivate International LawTamás SzabadosEconomic sanctions are instruments of foreign policy. They may, however, affect the legal – first of all contractual – relations between private parties. In such a case, the court or arbitration tribunal seized has to decide whether or not to give effect to the economic sanction. It is private international law that functions as a ‘filter’ and transmits economic sanctions having a public law origin to the realm of private law. The aim of this book is to examine how private international law rules can influence the enforcement of economic sanctions and the related foreign policy objectives. A coherent EU foreign policy position as well as legal certainty and predictability would suppose a uniform approach not only concerning the economic sanctions of the EU, but also with regard to the restrictive measures imposed by third countries.

However, if we examine in detail the application of economic sanctions by the courts of the Member States and arbitral tribunals, we find a somewhat different picture. It will become obvious that one of the reasons for this is the divergence of the private international law approaches in the Member States.

Tamás Szabados is Associate Professor at ELTE Eötvös Loránd University, Budapest.

Jan 2020 | 240pp | Hbk | 9781509933518 | RSP: £85Series: Studies in Private International Law


Commercial Issues in Private International LawA Common Law PerspectiveEdited by Michael Douglas, Vivienne Bath,Mary Keyes and Andrew DickinsonAs people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law.

This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United

Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law.

Michael Douglas is Senior Lecturer at UWA Law School, University of Western Australia. Vivienne Bath is Professor of Chinese and International Business Law at the University of Sydney Law School. Mary Keyes is Professor at Griffith Law School. Andrew Dickinson is Fellow of St Catherine’s College and Professor of Law, University of Oxford.

Jun 2019 | 408pp | Hbk | 9781509922871 | RSP: £95Series: Studies in Private International Law

Jurisdiction and Cross-Border Collective RedressA European Private International Law PerspectiveAlexia PatoIn recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice.

This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the

current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress.

Alexia Pato is a Senior Research Fellow at the University of Bonn.

Jul 2019 | 368pp | Hbk | 9781509930296 | RSP: £85Series: Studies in Private International Law

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Forum (Non) Conveniens in EnglandPast, Present, and FutureArdavan ArzandehThe forum (non) conveniens doctrine provides the basis for the discretionary exercise of jurisdiction by English courts in private international law disputes. London’s pre-eminence as a centre for international commercial litigation has led to its frequent deployment in proceedings where parties disagree over where a case should be heard. The doctrine’s significance is not limited to England but extends to many Commonwealth jurisdictions which have embraced it. This is the first book-length study devoted entirely to examining the forum (non) conveniens doctrine’s past, present, and future from the perspective of the law in England. By offering a meticulous and critical analysis of relevant historical and contemporary sources in England and elsewhere, it seeks to fill gaps in relevant knowledge of the English forum (non) conveniens

doctrine, and challenge certain views concerning its operation that have come to be regarded as representing the orthodoxy. In this respect, the book attempts to refine our understanding of the doctrine’s historical development, evaluate its application in the years following its formal recognition in England, and examine the case for revising it, given the changing nature of international commercial litigation in recent decades. The book’s ultimate objective is to act as an authoritative and comprehensive reference point for those with an interest in the forum (non) conveniens doctrine, more specifically, and cross-border private litigation, more generally.

Ardavan Arzandeh is Senior Lecturer in Law at the University of Bristol.

Dec 2018 | 184pp | Hbk | 9781782256403 | RSP: £50Series: Studies in Private International Law

Cross-Border Litigation in EuropeEdited by Paul Beaumont, Mihail Danov,Katarina Trimmings and Burcu YükselThis substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense).

The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa

and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.

Paul Beaumont is Professor of EU and Private International Law at the University of Aberdeen. Mihail Danov is Associate Professor at the University of Exeter. Katarina Trimmings is a Lecturer at the University of Aberdeen. Burcu Yüksel is a Lecturer in Law at the University of Aberdeen.

Nov 2017 | 864pp | Hbk | 9781782256762 | RSP: £90Series: Studies in Private International Law


The Nature and Enforcement ofChoice of Court AgreementsA Comparative StudyMukarrum AhmedThis book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements (‘Hague Convention’) and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to

issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.

Mukarrum Ahmed is Lecturer in Business Law at Lancaster University and a barrister of Lincoln’s Inn.

Oct 2017 | 336pp | Hbk | 9781509914494 | RSP: £80Series: Studies in Private International Law

Recognition and Enforcement of Judgmentsin Civil and Commercial MattersEdited by Anselmo ReyesThis collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India.

For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development.

This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.

Anselmo Reyes is Guest Professor at the Law Faculty of Doshisha University in Kyoto and an International Judge of the Singapore International Commercial Court.

Sep 2019 | 348pp | Hbk | 9781509924257 | RSP: £100Series: Studies in Private International Law - Asia


UN Convention on Contracts forthe International Sale of GoodsA CommentaryStefan Kröll, Loukas A Mistelis andMaria del Pilar Perales ViscasillasThe second edition of this seminal text provides an authoritative ‘article-by-article’ commentary on the CISG. Moreover, it goes further than existing literature by taking account of those various legal settings in which the CISG operates. Strictly following the structure of the Convention itself, it examines specific topics such as E-Commerce and the CISG and comparative texts such as Unidroit Principles of International Commercial Contracts and the European Principles of Contract Law. The Incoterms are also dealt with in detail. With a truly global and stellar line up of contributors, this is an invaluable tool for all lawyers practising in the field.

Stefan Kröll is a practising lawyer in Cologne and Professor of Law at Bucerius Law School, Hamburg. Loukas A Mistelis is Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration, London. Maria del Pilar Perales Viscasillas holds the Chair of Commercial Law at the University Carlos III, Madrid.

Mar 2018 | 1360pp | Hbk | 9781509923618 | RSP: £295

Secured Credit in EuropeFrom Conflicts to CompatibilityTeemu JuutilainenThis monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The

substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice.

This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.

Teemu Juutilainen is Postdoctoral Researcher at the University of Helsinki, Faculty of Law.

Mar 2018 | 360pp | Hbk | 9781509910069 | RSP: £85

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Security Interests under the Cape Town Convention on International Interestsin Mobile EquipmentSanam SaidovaThis book provides an extensive analytical examination of the Cape Town Convention and its Protocols. The Convention aims to facilitate asset-based financing and leasing of aircraft, railway and space objects by establishing a uniform legal regime for the creation and protection of security and related interests in these types of equipment. The book provides a detailed treatment of issues arising from the creation of security and other international interests under the Convention, from the need to ensure their priority among competing interests to the enforcement of remedies in the case of the debtor’s default or insolvency. Security interests in aircraft, railway and space objects are among the most frequently invoked mechanisms used to ensure repayment of the

debt. It is their significance, effectiveness and frequency of use that explains this work’s focus and scope.

Sanam Saidova is Assistant Professor in Law at Nottingham University.

Jun 2018 | 280pp | Hbk | 9781782258216 | RSP: £70

Linkages and Boundaries in Privateand Public International LawEdited by Veronica Ruiz Abou-Nigm,Kasey McCall-Smith and Duncan FrenchDo private and public international law coincide in their underlying objectives when it comes to their respective contribution to the realisation of global values? How do they work together towards the consistency and efficiency of the international legal order? This edited collection sets out a vision: to serve modern society, the international legal order cannot be defined as public or private. Linkages and Boundaries focuses on the interface between private and public international law and the synergies that a joint approach brings to topical issues, such as corporate social responsibility and environmental law, as well as foundational concepts such as international jurisdiction, state sovereignty and party autonomy. The book showcases the dynamic

interaction between the two disciplines, with a view to contribute to a dialogue that is still only in the early stages of delivering its full potential. The collection explores ways to deepen the dialogue between these two distinct but interrelated disciplines, with a view to further their progression towards a more integrated and holistic approach to legal problems that require an international approach. The book brings together well-known experts and new voices from both disciplines and from a wide range of jurisdictions in Europe, North America and South America.

Verónica Ruiz Abou-Nigm is Senior Lecturer in International Private Law at the University of Edinburgh. Kasey McCall-Smith is Lecturer in Public International Law at the University of Edinburgh. Duncan French is Professor of International Law at the University of Lincoln.

Jul 2018 | 272pp | Hbk | 9781509918621 | RSP: £70


Impediments of National Procedural Lawto the Free Movement of JudgmentsLuxembourg Report on European Procedural Law Volume IEdited by Burkhard Hess and Pietro OrtolaniThis volume presents a comparative examination and empirical evaluation of national procedural rules and practices, and further assesses the key procedural problems that impact mutual trust and the free movement of judgments in light of national and European Court of Justice case law. It provides an exhaustive overview of the similarities and differences of civil procedure in all EU Member States, and their impact on the recognition and enforcement of judgments.

Alongside Implementing EU Consumer Rights by National Procedural Law: Luxembourg Report on European Procedural Law Volume II, this volume offers the most comprehensive, empirically-driven comparative investigation of national civil procedure thus far undertaken in Europe. Using an extensive dataset comprising hundreds of interviews and responses to a multi-language online survey, it examines the rules of civil procedure in all EU Member States, and identifies their impact on mutual trust and the free movement of judgments.

This volume will be of interest to all practitioners, academics and policymakers with a focus on judicial cooperation and civil justice, and will facilitate a better understanding of the impact of national procedural laws on cross-border dispute resolution in Europe.

Burkhard Hess is Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law and Chairman of the ILA Committee on the Protection of Privacy in Private International and Procedural Law. Pietro Ortolani is Assistant Professor at Radboud University.

Jun 2019 | 640pp | Hbk | 9781509932375 | RSP: £200

The Private International Lawof Companies in EuropeEdited by Carsten Gerner-Beuerle, Federico M. Mucciarelli, Edmund-Philipp Schuster, and Mathias SiemsCan firms freely choose their place for corporation and thus the applicable law? And is it possible that a firm can subsequently reincorporate in another country, with the effect of a change of the law applicable to this country?

In the European Union, the answer to these questions has to consider the impact of the freedom of establishment and the corresponding case law of the Court of Justice. Beyond some general principles, there is, however, considerable diversity between the laws of Member States. Thus, this book aims to provide an up-to-date analysis of this important area of law for all Member States. It is based on a comprehensive study, produced for the

European Commission, on the private international law of companies in the European Union.

Carsten Gerner-Beuerle is Professor of Commercial Law at University College London. Federico M Mucciarelli is an Associate Professor of Business Law at the University of Modena. Edmund-Philipp Schuster is an Associate Professor of Law at the London School of Economics and Political Science. Mathias M Siems is Professor of Commercial Law at Durham University.

Sep 2019 | 800pp | Hbk | 9781509923878 | RSP: £250


Implementing EU Consumer Rightsby National Procedural LawLuxembourg Report on European Procedural Law Volume IIEdited by Burkhard Hess and Stephanie LawEU consumer law affords a number of substantive rights to consumers. Often however, the protection of these rights is undermined as a consequence of the complexity and lack of knowledge in the Member States of EU consumer legislation and case law. This volume presents a comparative examination of the enforcement of these rights in the EU Member States, with an extensive empirical evaluation of national procedural rules and practices. Following a comprehensive assessment of the nature and characteristics of EU consumer law, the volume identifies and evaluates key procedural themes that shape the equivalent and effective protection of EU consumer rights in light of European Court of Justice case law.

Alongside Impediments of National Procedural Law to the Free Movement of Judgments: Luxembourg Report on European Procedural Law Volume I, this volume offers the most comprehensive, empirically-driven comparative investigation of national civil procedure thus far undertaken in Europe. Using an extensive dataset comprising hundreds of interviews and responses to a multi-language online survey, it examines the rules of civil procedure in all EU Member States, and identifies their impact on the protection of consumers under EU consumer law.

This volume will be of interest to all practitioners, academics and policymakers with a focus on judicial cooperation, civil justice and consumer protection, and will facilitate a better understanding of the impact of national procedural laws on the effectiveness of EU consumer protection.

Burkhard Hess is Director and Stephanie Law is Senior Research Fellow, both at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law.

Jun 2019 | 512pp | Hbk | 9781509932399 | RSP: £200

Form and Substance in the Law of ObligationsEdited by Andrew Robertson and James GoudkampThis volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.

Andrew Robertson is Professor of Law at the University of Melbourne. James Goudkamp is Professor of the Law of Obligations at the University of Oxford.

Nov 2019 | 456pp | Hbk | 9781509929450 | RSP: £90

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