Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments; Chapter 1, Introduction
TRANSACTION PLANNING USING RULES ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS, Ronald A. Brand, Brill | Nijhoff, 2014 (Pocket Books of the Hague Academy of International Law)
9 Pages Posted: 26 Jun 2014
Date Written: June 11, 2014
Abstract
This book is the publication of the 2011 Special Course given by the author at the Hague Academy of International Law. It is published here in the Hague Academy Pocketbook Series, making it available at a reasonable price for students, professors, and practitioners. The first chapter, which may be downloaded, describes the approach to the topic found in the book. While traditional discussions of private international law generally begin with a focus on the litigation context, this book looks at it from a transactions perspective, looking primarily at the contract drafting lessons resulting from those rules. Parties to cross-border contractual relationships (and their lawyers) must consider jurisdiction, applicable law, and the recognition and enforcement of judgments in structuring their transactions. Similarly, legislatures and courts should give careful consideration to transaction planning interests when creating and applying rules of private international law. The book begins with consideration of existing rules of jurisdiction and the recognition and enforcement of judgments, using the United States and the European Union as examples of approaches to these two parts of the private international law trilogy. Throughout the discussion of these approaches, it considers the interests of private parties to cross-border transactions and the importance of private international law rules to the structuring of their relationships. That discussion leads logically to a comparison of some of the differences that define the U.S. and European systems of private international law, as well as to a discussion of state interests reflected in the choices that lead to those differences.
Keywords: private international law, jurisdiction, judgments, European Union, comparative law, choice of court, arbitration, choice of forum, public policy, contract drafting, transaction planning, Brussels I Regulation, consumer protection, New York Convention, Hague Convention, party autonomy
JEL Classification: K00, K12, K20, K33, K41
Suggested Citation: Suggested Citation