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E B Crawford and J M Carruthers, INTERNATIONAL PRIVATE LAW: A SCOTS PERSPECTIVE Edinburgh: W Green (www.wgreen.co.uk), 3rd edn, 2010. cxv + 632 pp. ISBN 9780414017757. £45.

Document Cited authorities 10 Cited in Related
Vincent
Pages132-134
AuthorKirsty J Hood
DOI10.3366/elr.2012.0092
Published date01 January 2012
Date01 January 2012

International private law is currently a rapidly-changing area of the law. Readers will therefore welcome the publication of a new edition of this work by Professor Elizabeth Crawford and Professor Janeen Carruthers. This, the third edition, also sees the text move away from the Greens Concise Scots Law series, to take its place as an independent volume within Green's range of titles. It is apparent throughout the new edition that the brisk tempo of development in the subject can still chiefly be ascribed to the European Union. Whilst the chapter headings of the second edition have largely been retained, there has been much new European material to be worked into many of the individual chapters. Even the nuanced change of title (from International Private Law in Scotland to International Private Law: A Scots Perspective), reflects the increased harmonisation of many conflict rules, whether at British, European, or a wider international level: but which are viewed here from the Scottish perspective.

The second edition of the text had already included analysis of the important ECJ decisions of Erich Gasser GmbH v Misat Srl, Turner v Grovit, and Owusu v Jackson (which, respectively, upheld the primacy of the court first seised under Brussels I in the face of a choice of court agreement, struck at the use of anti-suit injunctions within the Brussels regime, and further circumscribed the ambit of forum non conveniens). The new edition can now add to this picture with a detailed discussion of the ECJ decision in West Tankers Inc v Allianz SpA [2009] 1 AC 1138, in which decision it was confirmed that nor might anti-suit injunctions be utilised to prevent court proceedings (falling within the scope of Brussels I) in another EU member state, where such proceedings were in breach of an arbitration agreement. The European Commission, of course, wishes to resolve certain issues brought into focus by Gasser and West Tankers, but also to extend the jurisdiction rules of Brussels I to third-state defenders: the Commission's report is critically considered at the appropriate junctures in the text (the final proposal itself came post-publication). Account is taken too in the text of the new Lugano Convention, which brings the old Lugano rules (modelled on the Brussels Convention) closely into line with Brussels I. The European Order for Payment Procedure (Regulation 1896/2006), and the European Small Claims Procedure (Regulation 861/2007) – both of which were anticipated...

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