Jurisdiction And Arbitration Agreements And Their Enforcement, 3rd Edition

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Jurisdiction And Arbitration Agreements And Their Enforcement, 3rd Edition By David Joseph QC

Author David joseph QC
Publication Date Dec, 2015
ISBN 9780414034310
Format
Hardcover
Publisher  Sweet & Maxwell

 

The new edition of this authoritative work covers jurisdiction and arbitration clauses in commercial contracts, as well as the execution of resulting judgments. It includes a discussion of recent instances and modifications to international treaties, as well as practical guidance on how to deal with issues that may emerge in this subject.

An authority on arbitration, key features of this title include:

  • Provides comprehensive guidance on the legality, scope, structure, and inclusion of jurisdiction and arbitration clauses within contracts.
  • Provides thorough guidance on how to deal with issues that can emerge when enforcing agreements.
  • Examines all facets of enforcement, including the grant of a stay, injunctive and declaratory relief, and a damages action.
  • Precedents on anti-suit injunctions and declaratory relief are included.
  • Coverage of multi-tiered resolution clauses is included.
  • Includes an in-depth look at the Brussels I Regulation Recast, which went into effect in January 2015 and discusses its meaning and effects.
  • Includes a thorough examination of the Hague Convention on Exclusive Choice of Court Agreements, which became effective in October 2015, as well as the relationship between it and the Brussels I Regulation Recast and the Lugano Conventions.
  • Covers precedents established as a result of the Lugano Convention's implementation in 2010.
  • Since the last edition, many decisions by English and European courts in this subject have been made, including the Gazprom case.
  • An extended section on interim remedy given by arbitral tribunals is included, as well as the most recent investment treaty arbitration jurisprudence.
  • Discusses the issues from both a European Union and a common law perspective, ensuring that the book is applicable to people practising in a variety of countries.

This new edition  of Jurisdiction And Arbitration Agreements features commentary and discussion of significant developments including:

  • A thorough examination of the new Brussels Regulation Recast, including its impact and implications for the enforcement of jurisdiction and arbitration agreements, as well as concurrent litigation.
  • The Hague Convention on Exclusive Choice of Court Agreements is discussed in detail, as well as how it should be used in conjunction with the Brussels Regulation Recast and the Lugano II Convention.
  • In light of the Gazprom decision and the new Regulation, the scope for granting anti-suit injunctions is fully explored.
  • The coverage of challenges to and enforcement of arbitral rulings, including the Astro v FM dispute, has been greatly increased.
  • Full treatment of the Supreme Court decisions inter alia in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP; NML Capital v Argentina; VTB Capital plc v Nutritek International Corporation; Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan.
  • Expanded treatment of the enforcement of assymetric; exclusive and non-exclusive jurisdiction agreements.
  • Expanded treatment of the governing law of the jurisdiction agreement and the Court of Appeal decision in Sul America.
  • Notation of more than 350 further cases in the field.
  • Expanded treatment of the enforcement of arbitration agreement against States.
  • Expanded treatment of the enforcement of judgments.
  • Expanded treatment of claims for damage.

TABLE OF CONTENTS of Jurisdiction And Arbitration Agreements

  1. Introduction
  2. Overview of the European Framework
  3. Formal Requirements of Jurisdiction, Arbitration and Mediation Agreements
  4. The Nature and Construction of Jurisdiction and Arbitration Agreements and Resolving Potential Conflict Between Agreements
  5. Incorporation of Jurisdiction and Arbitration Agreements
  6. Choice of Law and Dispute Resolution Agreements
  7. Parties to the Dispute Resolution Agreement: Who is bound and Who can enforce?
  8. Relationship with International Convention
  9. Commencement of Proceedings or Arbitration and Service out of the Jurisdiction
  10. Stay and Declining Jurisdiction (Jurisdiction Agreements)
  11. Stay (Arbitration Agreements)
  12. Restraining Injunctions and Orders
  13. Declaratory Relief and Challenges to Arbitrator’s Ruling on Jurisdiction Damages
  14. Enforcement of Judgments
  15. Enforcement of Awards
  16. International Arbitration against States
  17. The Enforcement of Multi-tier clauses and Provision of ADR Appendices

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