Adjudicatory Authority in Private International Law

A Comparative Study

Series: 

This book is a revised and expanded version of the General Course delivered by the author at the Hague Academy of International Law. It contains three parts that discuss theory and practice of adjudicatory authority in private international law in comparative perspective focusing on the United States, Germany and the European Union. The first part examines the foundations and emergence of jurisdictional theory elaborating on the types of adjudicatory authority and the design of jurisdictional provisions. Part two covers basic themes and pervasive issues reflecting, inter alia, on the actor sequitor forum rei principle, choice of forum agreements, forum non conveniens, antisuit injunctions and the lis pendens doctrine. The last part explores the role of international instruments for achieving convergence and harmonization. It analyzes the design of judgments conventions and in particular the efforts of the Hague Conference on Private International Law to foster worldwide harmonization. The volume was completed with the assistance of Dr. Eckart Gottschalk.

Dr. Gottschalk is an Associate with CMS Hasche Sigle in Hamburg specializing on corporate law. Before he started practicing, he served as a Joseph Story Research Fellow at Harvard Law School, 2005-2006.

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Preface; Acknowledgements to the First Edition; Table of Cases; Prologue; Part 1 The Foundations and Emergence of Jurisdictional Theory; Chapter I Adjudicatory authority: Reasons for its existence and its principal types; Chapter II The Design of Jurisdictional Provisions; Chapter III The Emergence of Jurisdictional Theory in the United States and Germany; Part 2 Basic Themes and Pervasive Issues; Chapter IV The Actor Sequitur Forum Rei Principle: Are Defendants Jurisdictionally Preferred? Should They Be?; Chapter V Consent and Adjudicatory Authority: Consequences of Splitting Causes of Action, Participating as a Litigant, and Choice of Forum Agreements; Chapter VI Forum Shopping and Fine-tuning: Herein of Forum Non Conveniens, Antisuit Injunctions, and Lis Pendens; Part 3 Epilogue; Chapter VII Convergence and Compromise in Private International Law: The Role of International Instruments.