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Foreign Currency Claims In The Conflict Of Laws

Author: Vaughan Black
Publisher: Bloomsbury Publishing
ISBN: 1847315747
Size: 20.83 MB
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Problems in assessment of damages remain among the most contentious aspects of private law disputes. The assessment exercise becomes particularly difficult when one of the parties asks that damages be assessed in some foreign currency or claims that, even though damages should be assessed in the currency of the forum, foreign exchange losses should form a head of loss. The 1975 decision of the House of Lords in Miliangos v George Frank (Textiles) Ltd was revolutionary in that it permitted English courts to award judgment in a foreign currency. Miliangos has been influential throughout the common law world and courts in the commonwealth and the United States now contemplate awarding damages in currencies other than their own. However, that modernisation has hardly eliminated the problems in this area. When may a judge assess damages in a currency other than that of the forum? If a court elects to assess damages in its own currency, what conversion date should it select in converting from a foreign currency that was relevant to the obligations between the parties? In an age of fluctuating currencies questions of this nature present judges with choices involving significant financial implications. This book takes a comparative look at how common law courts have addressed damages claims when foreign currencies are involved, and at statutory responses to that issue. It describes the practices of UK, Commonwealth and American courts in this field and draws both on principles of private international law and of damages assessment to analyse current practice.

Conflict Of Laws And International Finance

Author: Philip R. Wood
Publisher: Sweet & Maxwell
ISBN: 1847032079
Size: 30.14 MB
Format: PDF
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Examines conflict of law issues in international finance * Gives practical guidance on the conflict of laws from the governing law of contracts to areas such as financial regulation, financial torts, trusts and insolvency * Helps you decide which legal system to adopt and how to resolve issues * Covers the governing law of contracts so you are clear of the basis on which international financial contracts should operate * Explains jurisdiction over financial contracts so you can advise clients on areas including and enforcement of foreign judgments * Looks in detail at conflict of laws for security interests and title finance so you are completely informed on these important areas * Examines conflict of laws for financial torts and financial trusts * Discusses the conflict of laws for regulation of international finance and regulatory jurisdiction making the application of the correct regulations simpler * Provides coverage of sovereign immunity in the UK, US and EU as well as the recognition of states, state succession and international organisations so that you can quickly find out about these areas for your clients * Includes special treatment of conflict of laws in insolvency giving you expert guidance on this potentially tricky area

Yearbook Of Private International Law

Author: Andrea Bonomi
Publisher: sellier. european law publ.
ISBN: 3866531141
Size: 30.75 MB
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This is a very special volume of the Yearbook of Private International Law as it represents the celebration of the tenth anniversary of its first publication. It continues to provide interesting information on the future evolution in private international law. Contents includes: The New Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments of 30 October 2007 . Commercial Agents under European Jurisdiction Rules . Grunkin-Paul and Beyond - A Seminal Case in the Field of International Family Law . The New Rome I / Rome II / Brussels I-Synergy . Rome I and Contracts on Intellectual Property . Rome I and Distribution Contracts . Rome I and Franchise Contracts . Rome I and Financial Market Contracts . Special Section on Maintenance Obligations.

Foreign Currency

Author: Michael Howard
Publisher: CRC Press
ISBN: 1317659287
Size: 74.91 MB
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Currency fluctuation, currency wars and even potential currency collapse (the Euro, the Bitcoin) are all risks that commercial parties must consider and guard against. This book gathers together in one volume all the information and advice practitioners are likely to need when advising on, advancing or defending claims involving a foreign currency element. The determination of the proper currency (or currencies) of a claim often has a dramatic effect on the level of a court judgment or arbitration award that is ultimately obtained. It is, therefore, vital for practitioners to accurately assess claims which involve a foreign currency element. The authors guide the reader through the legal principles governing how foreign currency claims are treated in English law. The book covers both the treatment of foreign currency in substantive law as well as such procedural matters as how to claim interest correctly on a foreign currency claim and how to plead, prove or disprove the applicability of a particular currency. This book is an invaluable and essential resource for all lawyers involved in international commerce, but will be of particular interest to those engaged in international finance, commodity transactions, international shipping and transport, and the insurance of assets and liabilities abroad. "Those who practise in this country need guidance in navigating the tricky waters that The Despina R unleashed. This excellent book provides that guidance." The authors "have been uniquely well placed to meet the challenge of analysing what is a perplexing body of jurisprudence, and to suggest principled answers to currency issues that have not yet been the subject of judicial decision. They consider not merely claims in contract and tort, but every type of claim that might raise an issue in relation to a foreign currency." The Rt Hon. The Lord Phillips of Worth Matravers, KG, PC, President of the Supreme Court of the United Kingdom, 2009-2012

Supplemental Damages In Private International Law The Awarding Of Interest Attorneys Fees And Costs Punitive Damages And Damages In Foreign Currency Examined In The Comparative And International Context

Author: John Gotanda
Publisher: Kluwer Law International B.V.
ISBN: 9041106456
Size: 69.95 MB
Format: PDF
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Supplemental Damages in Private International Law guides the reader through complex damages issues and their treatment around the glove. This is the first contemporary book to exclusively and comprehensively examine issues and problems presented in determining compensatory interest, moratory interest, damages in the comparative and international context, and issues arising from the awarding of damages in foreign currency. Attorneys, arbitrators, judges, and scholars will value Supplemental Damages in Private International Law as a timesaving, one-stop resource on how different legal systems address damages issues.

Dicey Morris And Collins On The Conflict Of Laws

Author: Albert Venn Dicey
Publisher:
ISBN: 9780414050655
Size: 42.83 MB
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The 2nd Supplement to the 15th Edition brings the main work up-to-date and deals with all the developments since the publication of the main work. Important developments considered in the 2nd Supplement include: The recast Brussels I Regulation All the many new European Court, Commercial Court and appellate cases on jurisdiction and enforcement of foreign judgments The relationship between arbitration and court proceedings Authorities on the enforcement of foreign penal laws, state immunity and acts of state

Principles Of Conflict Of Laws

Author: Abla J. Mayss
Publisher: Routledge
ISBN: 1859414605
Size: 10.91 MB
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This text provides a comprehensive analysis of the conflict of laws as applicable in English law. It seeks to introduce the subject to students by examining preliminary topics, such as when the rules come into play, the need for application, classification and connecting factors. It includes coverage of the rules on jurisdiction, choice of law in relation to contract, tort, property and damages; and full commentary on the law of domicile, family law and recognition and enforcement of judgments. English rules on conflict laws have undergone a number of important changes since the first edition and are reflected here. Changes include an extra chapter on foreign currency as well as an extended section in the chapter on choice of law in tort, in order to incorporate the changes brought about by Parts I and III of the Private International Law (Miscellaneous Provisions) Act 1995.