Elgar Monographs in Private International Law – Serie

In today’s data-driven economy, it is essential for companies to protect their trade secrets against unlawful acquisition,use and disclosure; with the ease of digital communications, employee migration and international trade, trade secret violations now often occur across national borders. This book examines how trade secret protection can differ across jurisdictions, where trade secret holders can bring proceedings, and which country’s law is applicable.Lundstedt provides a European perspective, analysing how the EU’s rules on jurisdiction and applicable law relate to the EU’s wider objectives on encouraging cross-border innovation activities. Using common trade secret scenarios as a springboard for analysis, this book questions whether EU private international law rules can be interpreted to facilitate the objectives of the EU Trade Secret Directive and in doing so it sets out a detailed examination of both regimes.Providing a clear and comprehensive perspective on a complex area of law, this book will be valuable for scholars of private international law, intellectual property law and EU law. Due to its practical approach to analysis, it will also be useful for policy makers and legal practitioners seeking information about uncertainties that exist in the current law.

Analyzing the intricacies of international civil litigation, this book explores the rules and practices, as well as the differences and conflicts, that occur in this important area of law. Grihobou Roland Nombre focuses his examination on the U.S. Supreme Court and the Hague Evidence Convention, highlighting the problems that can arise when an international convention is optionally adhered to.Nombre expands on the treatment of foreign law in American discovery practice predating the Hague Evidence Convention, as interpreted in the landmark Aerospatiale case and thereafter. He investigates how U.S. courts determine the applicability of foreign law to discovery, its content, the dismissal of or deference to it, or otherwise accommodation of it. He studies how foreign law treatment evolved following the U.S. Supreme Court’s violation of its own precedent in United States v. Percheman about the interpretation of treaties authenticated in multiple languages. Dissecting the Federal Rules of Civil Procedure, the author asks: how enforceable is compliance with Aerospatiale in federal and state courts ordering discovery abroad under domestic rules or the Hague Evidence Convention as an authorized foreign procedure?Transnational Discovery and Foreign Law in U.S. Courts is an indispensable guide for legal professionals in areas such as transnational litigation and discovery proceedings. Legal academics and law students interested in The Hague Convention, U.S. courts, evidentiary privilege and conflict of laws will also find the insights here beneficial.

Is Private International Law (PIL) still fit to serve its function in today's global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.Separated into nine parts, each containing two perspectives on a different issue or challenge, this unique book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts and PIL in international arbitration. This comprehensive work will be of great value to scholars and students working across all areas of PIL. It will also be an important touchstone for practitioners seeking to think creatively about their cases involving conflict of laws and PIL.Contributors include: V.R. Abou-Nigm, G.A. Bermann, A. Bonomi, R.A. Brand, D.P. Fernández Arroyo, F. Ferrari, H.A. Grigera Naón, B. Hess, M. Lehmann, M. Mantovani, R. Michaels, Y. Nishitani, F. Ragno, M. Reimann, K. Roosevelt III, L.J. Silberman, S.C. Symeonides, L.E. Teitz, H. van Loon