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Author: Sellier European Law Publishers
Publisher:
ISBN: 9783866539914
Category :
Languages : en
Pages : 458
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Book Description
Author: Sellier European Law Publishers
Publisher:
ISBN: 9783866539914
Category :
Languages : en
Pages : 458
Get Book
Book Description
Author: Peter Edward Nygh
Publisher: Kluwer Law International
ISBN:
Category : Law
Languages : en
Pages : 40
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Book Description
International commercial arbitration raises issues other than the choice of the law applicable to the principal contract. Autonomy may have a wider meaning, extending beyond the choice of applicable law to the choice of arbitration itself, and of the place or places where it is to be conducted. Nor is it altogether clear what the forum is, if any. This paper raises the fundamental question of what gives the arbitrator his or her competence--the will of the parties or the law of the seat of arbitration which the parties may, or may not, have chosen? The paper also suggests an answer to the questions of which choice of law rules, if any, should be applied by the arbitrators, to what extent arbitrators will apply mandatory rules (règles d'application immédiate), as well as which law governs the procedural aspects and whether it has to be the procedural law of a national system. The new English Arbitration Act 1996 has also been taken into account.
Author: Andrew S. Bell
Publisher: Oxford Private International L
ISBN: 9780199248186
Category : Law
Languages : en
Pages : 402
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Book Description
The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practicaljurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate isinevitable.Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation.It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reason why much transnational litigation settles once the issue of venue is resolved,in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions,most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicialcomity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selectionarrangements.
Author: Gilles Cuniberti
Publisher: Edward Elgar Publishing
ISBN: 1786432404
Category : LAW
Languages : en
Pages : 256
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Book Description
Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.
Author: Franco Ferrari
Publisher: Sellier European Law Publishers
ISBN: 9783866532632
Category : Forum shopping
Languages : en
Pages : 0
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Book Description
Table of Contents Preface Forum Shopping in the International Commercial Arbitration Context: Setting the Stage Franco Ferrari -- A U.S. Perspective on Forum Shopping, Ethical Obligations, and International Commercial Arbitration Aaron D. Simowitz -- Forum Shopping and the Determination of the Place of Arbitration Filip De Ly-- Forum Shopping at the „Gateway" to International Commercial Arbitration George A. Bermann -- Anti-arbitration Injunctions and Anti-suit Injunctions: An Anglo-European Perspective Alexander Layton -- Enforcing Orders Against Third Parties (and Parties) for the Taking of Evidence in International Arbitration John Fellas --Interim Measures - Relevance of the Courts at the Place of Arbitration and Other Places Christopher Boog -- Courts and the Constitution of the Arbitral Tribunal: A Comparative Analysis of Standards of Arbitrator Independence and Impartiality Robert H. Smit -- Forum Shopping in International Arbitration - Forum Non Conveniens and Lack of Personal Jurisdiction Peter B. Rutledge -- Setting Aside of Arbitral Awards and Forum Shopping in International Arbitration: Delocalization, Party Autonomy and National Courts in Post-Award Review Loukas Mistelis -- Forum Shopping and Enforcement of Foreign Arbitral Awards: Notes on Public Policy Domenico Di Pietro -- Forum-Shopping and Post-Award Judgments Linda Silberman/Maxi Scherer -- Making Remission and Other "Curative" Mechanisms Part of the Forum Shopping Conversation - A View from the U.S. with Comparative Notes Jack J. Coe Jr. --Enforcement after the Arbitration: From National Courts to Public International Law Fora D. Brian King/Rahim Moloo.
Author: Gary Born
Publisher:
ISBN: 9789041132697
Category : Law
Languages : en
Pages : 0
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Book Description
This is an authoritative guide to planning and drafting international arbitration agreements and forum selection clauses. it includes clear, practical explanations of the advantages and disadvantages of different forms of dispute resolution provisions, and detailed discussion of all elements of drafting arbitration and choice-of-court clauses. The primer includes scores of revised model arbitration and forum selection clauses, providing precise wording for use in a wide range of commercial contexts. it is designed for easy reference and use by both general practitioners and specialists. Each model clause is thoroughly annotated, including with reference to relevant scholarship and jurisprudence.
Author: Gary Born
Publisher: Springer
ISBN: 9789041193421
Category : Law
Languages : en
Pages : 0
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Book Description
The heart of every international commercial agreement lies in its provisions for dispute resolution. These crucial terms must be negotiated with meticulous attention to the circumstances under which the ensuing business relationship is expected to grow. Well planned and drafted, these clauses will allow a business agreement to weather even the most serious disputes, and foster mutual confidence and trust between the parties. International Arbitration and Forum Selection Agreements focuses on the core issue that inevitably arises in the planning of international commercial agreements: when to use forum selection clauses and when to mandate arbitration. In this enormously useful primer, Gary B. Born, an outstanding international practitioner and author of several pre-eminent works in international commercial law, leads the business lawyer expertly through the planning and drafting stages of effective forum selection and arbitration clauses. He provides: analysis of the strategic uses of each kind of clause, making it easy for the practitioner to choose which approach to take under each specific set of circumstances sample clauses with numerous variations that allow for all likely contingencies key accompanying provisions relating to costs, consent to service of process, discovery, confidentiality, waivers, interim relief, fast-track procedures, and other important considerations detailed analysis of enforcement under applicable laws, conventions, and treaties a special chapter on choice-of-law clauses (including samples) and their role in dispute resolution. A useful appendix contains texts of the New York Convention and the UNCITRAL Model Law, as well as the Arbitration Rules of the leading arbitral institutions.
Author: Franco Ferrari
Publisher: BRILL
ISBN: 9004502920
Category : Law
Languages : en
Pages : 464
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Book Description
According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.
Author: Franco Ferrari
Publisher:
ISBN: 9781788970822
Category : Commercial law
Languages : en
Pages : 2104
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Book Description
Commentators and courts disagree on such fundamental issues as the definition of forum shopping and whether it is an 'unsung virtue' or an untrammelled vice. Disagreements persist on how to deal with 'virtuous' forum shopping or how best to proscribe "evil" forum shopping, if such a distinction can at all be made. The articles reprinted in this three-volume collection illuminate, explore and contest these questions. Volume I analyses the definitions and purposes of forum shopping, the right and duty to practise it and how it relates to private international law. Volume II focuses on the link between forum shopping and uniform substantive law as well as discussing jurisdictional issues and arbitration. Volume III investigates defamation, intellectual property and competition law, as well as examining insolvency proceedings along with treaty shopping. Together with an introduction by the editors, this collection provides a comprehensive overview of the topic and will prove useful to academics, students and practitioners alike.
Author: Martin Scheinin
Publisher: Cambridge University Press
ISBN: 1108499732
Category : Law
Languages : en
Pages : 517
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Book Description
Examines the role and impact of human rights norms in international courts other than human rights courts
