Richard Fentiman, INTERNATIONAL COMMERCIAL LITIGATION Oxford: Oxford University Press (www.oup.co.uk ), Oxford Private International Law Series, 2010. lxiii + 766 pp. ISBN 9780199265435. £175.
Author | Janeen M Carruthers |
Published date | 01 May 2011 |
Date | 01 May 2011 |
DOI | 10.3366/elr.2011.0043 |
Pages | 323-325 |
Readers of books about private international law will be familiar with the traditional manner of arrangement of the rules and principles which comprise this area of law. Just as all Gaul was divided into three parts, so too expositions of private international law customarily deal with, in turn, the constituent elements of jurisdiction, choice of law, and judgment enforcement. In this impressive new addition to the Oxford Private International Law series, Richard Fentiman has chosen to move away from the conventional framework (if not from the traditional topics), examining the subject of international commercial litigation in a more holistic fashion, through the prism of risk. In viewing the subject from this perspective, and in making a “cradle to grave” risk assessment of commercial transactions, the author displays his immense academic and practical expertise, and provides important and original insights.
The author's opening premise is that commercial activity depends on the assessment and management of risk:
Under the heading of
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