Index
actions in personam, jurisdiction in, 71–83
actions in rem, jurisdiction in, 83
administration of estates, 268–70
choice of law, 268
distribution, distinguished from, 268
English grant of representation, jurisdiction to make, 266–7; to whom made, 267–8
see also personal representatives;
succession
Admiralty action, 83
adoption, 353–6
Adoption Act 1976, 353–5
British Isles, in, recognition of, 354
declaration of, 357
domicile, and, 39
English, 353–5
foreign, recognition of, 355–6
Hague Conventions, 355
overseas, recognition of, 355
public policy, and, 356
succession, and, 356
applicable law
see contract
arbitration, 179–85
Administration of Justice Act 1920, 179
agreement, 180–1
Arbitration Act 1950, 179, 182
Arbitration Act 1996, 182–5
Civil Jurisdiction and Judgments Act 1982, 136, 180
common law, and, 180–2
finality of award, 181–2
foreign award, defences to action on, 181, 183–4
Foreign Judgments (Reciprocal Enforcement) Act 1933, 180
Geneva Convention of Execution of Foreign Arbitral Awards, 179–82
International Investment Disputes, 185
judgment of foreign court, and, 179, 181
law governing proceedings, 181
law of agreement, 180
methods of enforcement of award, 179
New York Convention, 1958, 179, 183
Protocol on Arbitration Clauses, 179
recognition of award as defence, 183
validity of agreement, 180
validity of award, 180
arbitration clause:
applicable law of contract, and, 194–5
restraining foreign proceedings, and, 106–8
staying of actions, and, 184–5
armed forces:
domicile of choice and, 46
members serving abroad, marriages of, 299
assignment:
intangible movables, of, 252–61
association, domicile of, 139
belligerent occupation, marriages in countries under, 300
branch or agency, claims arising out of running of, 147–9
Brussels Convention on jurisdiction and enforcement of judgments, 1968:
actions in rem, and, 160–2
characteristics of, 133–4
domicile, under, 138–9
enforcement of judgments, and, 167–74
exclusive jurisdiction under, 153–4, 264–6
interpretation of, 132–3
jurisdiction, under, 136–67
jurisdiction agreements under, 154–8
objectives of, 133–4
protective measures under, 167, 168
provisional measures under, 167, 168
reciprocal enforcement within United Kingdom, 175

-395-

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Conflict of Laws
Table of contents

Table of contents

  • Title Page *
  • Contents v
  • Preface to the Third Edition vii
  • Table of Statutes viii
  • Table of Cases xxiv
  • Part I - General Principles 1
  • 1 - Introduction 3
  • 2 - Characteristics of the English 8
  • 3 - Choice of Law Rules 11
  • 4 - Proof of Foreign Law 33
  • 5 - Domicile and Residence 37
  • 6 - Substance and Procedure 60
  • Part II - Jurisdiction and Foreign Judgments 69
  • 7 - Jurisdiction of the English Courts 71
  • 8 - Staying of English Actions and Restraint of Foreign Proceedings 84
  • 9 - Foreign Judgments 109
  • 10 - Jurisdiction and Judgments in the European Union and Efta 131
  • 11 - Arbitration 179
  • Part III - Law of Obligations 187
  • 12 - Contract 189
  • 13 - Tort 220
  • Part IV - Property and Succession 241
  • 14 - Property Inter Vivos 243
  • 15 - Succession 268
  • 16 - Matrimonial Property Relations 277
  • 17 - Trusts 286
  • Part V - Family Law 293
  • 18 - Marriage 295
  • 19 - Matrimonial Causes 319
  • 20 - Children 334
  • Part VI - Exclusion of Foreign Laws 359
  • 21 - Public Policy 361
  • Part VII - Theoretical Considerations 375
  • 22 - Reasons for and Basis of the Conflict of Laws 377
  • 23 - Public International Law and the Conflict of Laws 386
  • Index 395
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