|Book||Jurisdiction & Arb Agreements & Their Enforcement 2e||13/09/2010||9781847038975||$411.00|
This book covers all issues arising from jurisdiction, arbitration and mediation clauses in commercial agreements, supplying detailed guidance on their validity, scope, construction and incorporation. It focuses particularly on the enforcement of these clauses and the various remedies available from both EU and common law perspectives, offering practical solutions to the problems that can arise during enforcement.
- Features precedents relating to antisuit injunctions and declaratory relief
- Contains new chapters on investment treaty arbitration agreements, on private law arbitration agreements with states or state entities and on multiparty arbitration agreements
- Explores the impact of some 100 new cases and awards in this area
- Deals with the amendments to the UNCITRAL arbitration model law and the new EC regulation on mediation
- Considers the new Council regulation 44/2001, which largely replaces the Brussels Convention
- Discusses the draft Hague Convention on Exclusive Choice of Court Agreements.
Introduction. Overview of the European framework. Formal requirements of jurisdiction and arbitration agreements. Nature and construction of jurisdiction and arbitration agreements. Incorporation of jurisdiction and arbitration agreements. The governing law of the dispute resolution agreement and other choice of law issues. Parties – Who is bound? Who can enforce? Relationship with international convention and foreign law. Commencement of proceedings or arbitration. Stay of proceedings/Declining jurisdiction. Stay (Arbitration). Restraining injunctions and orders. Declaratory relief. Damages. Enforcement of judgments and orders. Enforcement of awards. Enforcement of mediation agreements. Appendices.
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