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Collier's Conflict of Laws Pippa Rogerson Index More Information Cambridge University Press 978-0-521-51353-1 — Collier's Conflict of Laws Pippa Rogerson Index More Information Index Administration of Justice Act 1920, 219 caselaw, 80, 82–6 agents, 361 employment disputes, 103 alternative dispute resolution, 42 Reports on, 57 anchor defendant, 150 Brussels I Regulation, 2, 8, 56–138 anti-suit injunctions: see restraining foreign Annex I, 219 proceedings applicable law of a contract, 293 applicable law, 265 application of, 59 arbitration, 65–8, 137–8, 235–6 and arbitration, 137, 204, 222, 233, 235–6 Arbitration Act 1996, 222 contractual obligations (Article 5(1)), s 9, 178 76–86, 343 arbitration agreements, 137, 171, 178–86, autonomous meaning of ‘matters relating 204, 260 to a contract’,77–8, 295 contractual characteristics, 296 breaches, 82–6, 156 effect, 182 caselaw on, 80, 82–6 formal invalidity, 179 claims over, 152 injunctions for breach of, 198–9 contracts for the provision of services, 79, interpretation of, 181–2 81–2 material invalidity, 179–80 contracts for the sale of goods, 79–81 and the Rome I Regulation, 296 contractual and non-contractual validity, 179–81 obligations, 339 Australian courts, 413 disputes about the existence of a contract, application of a foreign rule, 50 78–9 choice of law rule for tort, 336, 423 employment contracts, 103–5 partial renvoi, 424 place of performance, 84–5, 148, 157 sale of goods contracts, 79–81 bankruptcy proceedings, 63–5 structure of Article 5(1), 79 Bartin, F., 269 Tessili doctrine, 80, 84–5 battle of the forums, 112 civil and commercial matters, 296 Beckett, W.E., 270 co-defendants, 97–9 BIICL Report, 405 consumer protection matters, 101–3 Briggs, A., 74, 286 counterclaims, 100 British colonies, 4 definition of domicile, 12 Brussels Convention, 8, 56 discretion in, 100, 190 Accession Conventions, 56–7 domicile, 69–75, 174, 188 arbitration, 65 definition, 12, 70 Article 5(1), 79 legal persons, 73–5 Article 59, 233 natural persons, 71 treaties under, 233 mandatory provision, 189 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-51353-1 — Collier's Conflict of Laws Pippa Rogerson Index More Information 436 Index Brussels I Regulation (cont.) interpretation, 117–18 exclusions, 61–8 preclusive effect of the jurisdiction exclusive jurisdiction, 54, 69, 105, 111, 122, agreement, 117 137, 232 reform proposals, 135, 138 Explanatory Memorandum, 58 limitation on a claimant’s ability to sue in expressed exclusions, 62–8 any court, 203 arbitration, 65–8 lis pendens, 68, 105, 120, 122, 136 bankruptcy proceedings, 63–5 avoidance of irreconcilable judgments, 68, property rights arising out of matrimonial 98, 130, 222, 231 relationships, 62–3, 86 cause of action, 129 social security, 65 criticism of, 127–9 wills and succession, 63 discretion to stay proceedings, 122, 131, habitual residence, 36 212–13 and the Hague Convention on choice of and forum shopping, 127, 129 court agreements, 186 interpretation of, 125, 193 history, 56 related causes of action, 129 Insolvency Regulation, 63 parallel proceedings, 75, 203 insurers, 100–1 same cause of action and same parties, intellectual property, 110 122–9 interpretation of, 57–8 same parties, 125–6, 131 judgment, 223 same subject matter and same object, 125 jurisdiction, 42, 46, 54, 140, 147, Maintenance Regulation, 62 211–12 mutual recognition and enforcement of application of, 105 judgments, 131 branches, 94, 310, 342 objective of, 189, 231 civil and commercial matters, 54 particular rules consumers, insurance and employees, 70 consumers, 101–3 contract, 76–86 employees, 103–5 corporations and legal persons, 107–9 insurers. 100–1 formal requirement, 113, 117, 136, 191 problems with, 222 entries in public registers, 109 and promotion of the internal market, 58 examination of, 119–20 property, 308 and the Hague Convention on choice of arbitration, 137–8, 235–6 court agreements, 187 areas covered, 134 hierarchy of rules, 68–70 definition of ‘judgments’, 235 intellectual property rights, 109–11 examination of jurisdiction, 138 limitations on, 118 exequatur, 224, 235 property, 105–7, 340, 385 extending jurisdiction, 134–5 general rule of jurisdiction, jurisdiction agreements, 135, 138 70–5 parallel proceedings in other Member party autonomy, 111 states, 135 persons domiciled in other Member parallel proceedings in third states, 136–7, States, 71 188 special rules, 76 reduction of defences, 235 standard form contract, 114 staying of actions, 136 on the substantive proceedings, 210 protection of the weaker party, 101, territorial, 42 103, 229 jurisdiction agreements, 68, 70, 101, 111, and the Protection of Trading Interests 112–13, 115, 117, 118, 178, 233, Act 1980, 252 263, 296 provisional measures, 132–3 application of, 117 public policy, 329 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-51353-1 — Collier's Conflict of Laws Pippa Rogerson Index More Information 437 Index purpose of, 55, 57–8, 120, 188, 218, 220 certainty, 121, 125, 260, 412 recognition and enforcement of foreign and the Brussels I Regulation, judgments, 218, 221–36 120–1 cause of action estoppel, 218 and the CJEU, 119, 125, 311 civil and commercial matters, 221 and forum conveniens, 189, 221 declaration of enforceability, 235 and the Rome I Regulation, 298, defences, 225–34 311, 338 meaning of ‘judgment’, 223 and the Rome II Regulation, 338 requirement that the judgment is adversarial characterisation, 267–77 and the defendant had an analytical jurisprudence and comparative opportunity to defend the case, 229 law, 270–1 as res judicata, 218 classification of foreign penal, revenue or scope of the Regulation, 221–2 other public laws, 269 recognition of third party debt orders, 411 complexity of, 268 reform - Brussels I Regulation 133–8, 193–4, debate about what it is that is 228, 234–6 characterised, 269 refusal of recognition of a judgment, 232 English courts and, 271–5 scope of, 59–68, 221–2 of equitable claims, 274 special rules, 76 Falconbridge’s views, 271 branches, 94 legal issues, 269 co-defendants, third parties and the lex causae theory, 270 counterclaims, 97–100 the lex fori theory, 269–70 criminal proceedings, 94 limitation of actions maintenance, 87 procedural rules, 276 tort, 87–93 substantive rules, 276 trusts, 96 and property, 377–80 submission, 118–19 purpose of, 270 third parties, 97–100, 150 identifying the choice of law tort, 87–93, 158–60, 339, 343 rule, 271 caselaw, 159–60, 347, 349 need to look at the substance of the claim for an injunction, 149–50 issue, 271 concurrent actions in tort and contract, substance and procedure, 275–6 89–90 taking account of lex fori and substantive damage, 93, 343 law, 275 definition, 87–93 Cheshire & North, 334, 344, 357, 360, financial harm at one’s place of 363, 365 business, 92 child abduction, 32–4 place where the harmful event choice of law rules, 264–90 occurred, 90 absence of choice, 307 restrictive interpretation, 90 avoiding the results of the process, threatened wrongs, 89 412–34 tort, 87–93 damages, 418 trusts, 75, 96 evidence, 413–16 uniform application of, 58 interest on damages and currency of Brussels II bis Regulation, habitual damages, 420–1 residence, 36 limitation of actions, 416–17 mandatory rules, 434 Canada parties, 422–3 forum conveniens, doctrine of, 174 priorities and set off, 421–2 recognition and enforcement of foreign public policy, 424–33 judgments, 219, 248–9 remedies, 417–18 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-51353-1 — Collier's Conflict of Laws Pippa Rogerson Index More Information 438 Index choice of law rules (cont.) purpose of, 400, 412 renvoi, 423–4 renvoi, 280–8 substance and procedure, 412–23 and the Rome I Regulation, 302–7 unilateral choice of law rules, 433 express choice, 302–4 and changes in the law, 288–90 dépeçage, 306 characterisation, 267–77 inferred choice, 304–5 connecting factors, 11–12, 266–7, 291 limitations on, 306 domicile, 266–7 and the Rome II Regulation, 362 nationality, 267 substance and procedure, 275–6, 412–23 situs of property, 267 damages, 418 types of, 266 evidence, 413–16 for contractual and non-contractual interest on damages and currency obligations, 7 of damages, 420–1 determination of the closest connection limitation of actions, 416–17 objectively, 312 parties, 422–3 subjectively, 311 priorities and set off, 421–2 distinction between substance and remedies, 417–18 procedure, 413 three-stage process for identification of the English cases on, 7 appropriate law, 274 and the expectations of the parties, 275 time factor, 288–90 form of, 11 unilateral choice of law rules, 433 general rules, 264 citizenship, 29 alternative application, 265 civil and commercial matters, 59 connecting factor, 265–6 actions involving a State or public cumulative application, 265 authority, 59 legal categories, 266 consumer protection matters, 60 difficulties with, 265–6 environmental matters, 60 legal category, 265 mixed public-private law actions, 60–1 and habitual residence, 32 nature of the legal relationships, 61 harmonisation of, 292, 294 subject matter of the dispute, 61 incidental question, 277–80 Civil Evidence Act 1972, 47–8 conditions for it to arise, 278 Civil Jurisdiction and Judgments Act 1982, 56, interpretation of the territorial scope of 151, 211, 218, 380 English rules, 264 s 32, 260–1 jurisdiction, 2, 88 discretion, 212 legal category, 291 interim remedies, 151, 206 need to take account of unknown foreign submission, 245 concepts, 274 Civil Jurisdiction
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