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Author : David Joseph
Publisher : Unknown
Page : 904 pages
File Size : 50,7 Mb
Release : 2015
Category : Arbitration and award
ISBN : 0414034317
Author : Zheng Sophia Tang
Publisher : Routledge
Page : 312 pages
File Size : 50,9 Mb
Release : 2014-02-05
Category : Law
ISBN : 9781136013447
Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.
Author : Gary B. Born
Publisher : Kluwer Law International B.V.
Page : 505 pages
File Size : 50,7 Mb
Release : 2021-03-10
Category : Law
ISBN : 9789403532516
International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Drawing on a wealth of practical experience and academic analysis by one of the world’s leading authorities on international arbitration and litigation, this extensively revised and expanded sixth edition provides model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches to reducing the risks inherent in cross-border transactions. The book is an essential resource for any international practitioner or corporate counsel engaged in international matters. Key Features include: Discussion of practical reasons for international arbitration and forum selection clauses Uncomplicated and practical guidance on drafting international arbitration and forum selection clauses Do's and Don't's for drafting Model international arbitration and forum selection clauses that permit efficient and effective dispute resolution Nearly 100 different model provisions Ad hoc versus institutional arbitration clauses Overview of leading arbitral institutions (including ICC, SIAC, ICDR/AAA, LCIA, HKIAC, PCA, ICSID, WIPO, VIAC, DIS, NAI and CRCICA) Overview of advantages and disadvantages of leading arbitral seats Forum selection clauses for national and international courts Multi-tier dispute resolution provisions Optional provisions for international arbitration and forum selection clauses (including arbitrator selection, arbitral procedure, costs of arbitration, provisional measures, waiver of annulment and currency of award) Discussion of pathological arbitration clauses and commonly-encountered defects And covers: Updated extensively to address developments through January 2021 New materials covering international courts and choice-of-law provisions Key reference materials in easy-to-use appendices About the author: Gary B. Born is one of the world’s leading authorities on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, and Asia. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration: Law and Practice (Kluwer Law International 2nd ed. 2016), International Commercial Arbitration: Cases and Materials (Aspen 2nd ed. 2015) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
Author : Gary Born
Publisher : Unknown
Page : 326 pages
File Size : 47,7 Mb
Release : 2016
Category : Arbitration (International law)
ISBN : 9041183884
Preface and Acknowledgements --Preface and Acknowledgements to the Fifth Edition --Planning for International Dispute Resolution --Drafting International Forum Selection Clauses --Drafting International Arbitration Agreements --Enforcing International Forum Selection Agreements --Enforcing International Arbitration Agreements --Recognizing and Enforcing Foreign Judgments --Recognizing and Enforcing International Arbitral Awards --Drafting and Enforcing Choice-of-Law Clauses --United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), New York, 10 June 1958 --Convention of 30 June 2005 on Choice of Court Agreements ("Hague Convention on Choice of Court Agreements") --UNCITRAL Model Law on International Commercial Arbitration (1985) --UNCITRAL Model Law on International Commercial Arbitration (2006 Revisions) --UNCITRAL Arbitration Rules (as revised in 2010) --International Arbitral Institutions --Select Bibliography on International Arbitration and Forum Selection Agreements --Model Submission Agreement --Model Institutional Arbitration Clauses --Representative International Arbitration Clauses.
Author : George A. Bermann
Publisher : Springer
Page : 1102 pages
File Size : 40,9 Mb
Release : 2017-07-17
Category : Law
ISBN : 9783319509150
This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention’s interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts’ conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention’s interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention’s limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention’s various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention “on the ground.”
Author : James H. Carter,John Fellas
Publisher : Oxford University Press
Page : 725 pages
File Size : 48,7 Mb
Release : 2013
Category : Law
ISBN : 9780199938612
International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners.
Author : Mukarrum Ahmed
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 45,5 Mb
Release : 2017-10-05
Category : Law
ISBN : 9781509914463
PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.
Author : Jonatan Echebarria Fernández
Publisher : Taylor & Francis
Page : 160 pages
File Size : 51,8 Mb
Release : 2021-03-09
Category : Law
ISBN : 9781000297492
Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of ‘forum shopping’ when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers
Author : Joy Mutimba
Publisher : GRIN Verlag
Page : 14 pages
File Size : 47,5 Mb
Release : 2018-05-02
Category : Law
ISBN : 9783668696099
Essay from the year 2018 in the subject Law - Miscellaneous, grade: A, Lyon Catholic University, course: International Contract Law, language: English, abstract: The paper discusses the Definition and Purpose of the Arbitration Clause, Two Types of Contracts where the Arbitration Clause is typically found, Legal Basis & Regime, Differences in the use and interpretation of the Contract Clause between common law and civil law jurisdictions. You may use your home jurisdictions as illustrative, and Proper drafting of the Contract Clause and advice to avoid the pitfalls of relying on a “boilerplate” clause.
Author : Leonardo Graffi
Publisher : LAP Lambert Academic Publishing
Page : 104 pages
File Size : 44,8 Mb
Release : 2013
Category : Electronic
ISBN : 3659366277
There is little doubt that the arbitration agreement is the pillar of international arbitration. International commercial contracts include arbitration agreements which aim to protect the interest of the parties to resolve their disputes in a neutral and impartial venue. The ability of the parties to enforce their arbitration agreements under the New York Convention in a seamless way across various jurisdictions is hampered by diverging interpretations of domestic courts and legal commentators. This book aims to map the main interpretive trends by analysing the application of the New York Convention in various jurisdictions and to propose solutions that may assist in achieving a successful enforcement of arbitration agreements in a jurisdiction agnostic manner.
Author : Felix Sparka
Publisher : Springer Science & Business Media
Page : 294 pages
File Size : 43,6 Mb
Release : 2010-01-11
Category : Law
ISBN : 9783642102226
Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.
Author : F. Paul Bland
Publisher : National Consumer Law Center
Page : 636 pages
File Size : 45,7 Mb
Release : 2007
Category : Arbitration agreements, Commercial
ISBN : IND:30000117433015
Author : Thomas E. Carbonneau
Publisher : Juris Juris
Page : 292 pages
File Size : 45,5 Mb
Release : 1998
Category : Law
ISBN : UCAL:B4460947
Cases & Materials covers all essential aspects of the arbitral process & are divided between commentary & texts. The book accomplishes both an informational & analytical function. Cases & statutes are followed by extensive & rigorous evaluations. While focusing principally on domestic arbitration within the United States, the work does not ignore either the cross-border or the comparative dimensions of arbitral dispute resolution. The Materials address a number of procedural questions that have arisen in practice & emphasize, as critically important, the drafting of arbitration agreements & counseling on matters of arbitration. "The book begins with considerable attention to the theoretical basis for enforcing arbitration agreements & awards. In this connection, Carbonneau respects & explains the vital distinction between labor & commercial disputes better than many judges & scholars have done. Two chapters are spent on the important issue of how federalism affects arbitration law. An excellent chapter on arbitration & statutory rights takes the reader through the doctrinal evolution of "subject matter arbitrability," both in the traditional problems areas of securities & antitrust, & in the more current hot topics of age & sex discrimination in employment. Four chapters deal with international aspects of arbitration, including a look at arbitration law in several non-American jurisdictions, & an examination of treaty-created arbitration under NAFTA, the Iran Claims Tribunal & the Iraqi War Claims Commissions. The book's great strengths are twofold. First, its encyclopedic completeness misses no major case. Second, Professor Carbonneau devotes an almost loving attention to detail in his clear introductions & carefully weighed analytic comments & questions. With grace, elegance & style, Professor Carbonneau has put together a superb work on American arbitration law. His materials would be a bargain even at twice the price." William W. Park Professor of Law, Boston University Counsel, Ropes & Gray, Boston Vice President, London Court of International Arbitration "Tom Carbonneau's 'Cases & Materials on Commercial Arbitration' is a major contribution to the literature on arbitration. ... it contains not only excerpts of the most important U.S. cases on arbitration but also extensive commentary & analysis that will prove invaluable to practitioners, policy makers & academics who are already familiar with the field. The documentary supplement will also prove immensely valuable, particularly to those who are interested in international arbitration practice. Jean R. Sternlight Professor of Law, Florida State University Director of Education & Research, Florida Dispute Resolution Center.
Author : William Park
Publisher : Springer
Page : 0 pages
File Size : 43,5 Mb
Release : 1995-09-28
Category : Law
ISBN : 9065448837
This book will compare arbitration agreements with forum selection clauses that designate courts, contrasting the relative costs and benefits of each form of dispute resolution. Focus will be on the way that international business lawyers can enhance the reliability of their jurisdiction selection clauses and the enforcement of the resulting awards and judgments. The scope of the work will included analysis of national statutes, international treaties, court decisions and choice-of-law questions related to forum selection.
Author : A. J. van den Berg
Publisher : Springer
Page : 764 pages
File Size : 42,9 Mb
Release : 1999-10-14
Category : Law
ISBN : STANFORD:36105062046714
Preface --Opening Address --Welcoming Addresses --Keynote Addresses --Introduction --Arbitration Clauses: Achieving Effectiveness --Arbitration Procedure: Achieving Efficiency without Sacrificing Due Process --Arbitration Awards: Solving Problems of Enforcement --Plenary Session --Annex Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958 (not available on KluwerArbitration.com) --List of Oral Interventions --Tables.