Foreign Currency Claims in the Conflict of Laws: The Law Applying to Nuclear Installations and Radioactive Substances in its Historic Context eBook

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Foreign Currency Claims in the Conflict of Laws
The Law Applying to Nuclear Installations and Radioactive Substances in its Historic Context
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. This title is included in Bloomsbury Professional’s International Arbitration online service.

This is a digital product.

Foreign Currency Claims in the Conflict of Laws: The Law Applying to Nuclear Installations and Radioactive Substances in its Historic Context 1st Edition is written by Vaughan Black and published by Hart Publishing. The Digital and eTextbook ISBNs for Foreign Currency Claims in the Conflict of Laws are 9781847315748, 1847315747 and the print ISBNs are 9781841138923, 1841138924.