jurisdiction and arbitration agreements in international commercial law routledge research in international commercial law

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Jurisdiction And Arbitration Agreements In International Commercial Law

Author : Zheng Sophia Tang
ISBN : 9781136013447
Genre : Law
File Size : 35. 89 MB
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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.

International Commercial Arbitration And The Arbitrator S Contract

Author : Emilia Onyema
ISBN : 9781135167035
Genre : Business & Economics
File Size : 73. 13 MB
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This book examines the formation, nature and effect of the arbitrators’ contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitrator’s contract in both ad hoc and institutional references. It also examines the institution’s contract with the disputing parties and its effect on the arbitrator’s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrator’s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. The primary focus of the book is an analysis of the formation of the arbitrator’s contract and the terms of this contract and the institution’s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms. International Commercial Arbitration and the Arbitrator’s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.

International Dispute Resolution And The Public Policy Exception

Author : Farshad Ghodoosi
ISBN : 9781317292845
Genre : Law
File Size : 59. 33 MB
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Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Islamic Law And International Commercial Arbitration

Author : Maria Bhatti
ISBN : 9780429888212
Genre : Business & Economics
File Size : 82. 68 MB
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This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

International Trade Law

Author : Indira Carr
ISBN : 9781134846184
Genre : Law
File Size : 49. 15 MB
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International Trade Law offers a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Fully updated with changes to the law and new directions in legal debate, this new edition considers: Standard trade terms including INCOTERMS 2010, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts E-Commerce issues, including electronic bills of lading Insurance and payment mechanisms, such as letters of credit and the UCP 600 International transportation of cargo, including the Rotterdam Rules Dispute resolution (including jurisdiction, applicable law, arbitration and mediation), with particular reference to the relevant EU regulations and the developing case-law thereon Corruption and anti-corruption conventions, including the UK Bribery Act 2010 and developments relating to deferred prosecution agreements In addition to clarifying a range of topics through tables and diagrams, the book directs readers to relevant further reading and online resources throughout, offering students an accessible resource to this often challenging area of the law.

International Commercial Sales The Sale Of Goods On Shipment Terms

Author : Andrea Lista
ISBN : 9781317662389
Genre : Law
File Size : 81. 56 MB
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This book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.

Globalization And New International Public Works Agreements In Developing Countries

Author : Mohamed A.M. Ismail
ISBN : 9781317127031
Genre : Law
File Size : 88. 40 MB
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This book scrutinizes the new legal nature and stipulations of International Public Works Agreements and provides an in-depth analysis of new forms of infrastructure agreements which have been created in developing countries, such as PPPs. The volume also examines the direct impact of the new legal environment upon infrastructure transactions such as dispute resolutions and ADR mechanisms, in particular, arbitration. It provides an analytical perspective on international public works agreements in developing states in the light of ICC rules of arbitration and FIDIC forms of contracts. As globalization significantly influences le contrat administratif in civil law legal culture, this book examines the legal cultures of civil and common law from a comparative perspective. The author argues that harmonization and integration of the two cultures, in infrastructure agreements, are the way forward. The book will be a fundamental guide for researchers and academics working in this area as well as judges, lawyers and international arbitrators in both common law jurisdictions and civil law legal systems.

The Nature And Enforcement Of Choice Of Court Agreements

Author : Mukarrum Ahmed
ISBN : 9781509914463
Genre : Law
File Size : 75. 49 MB
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"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. 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.

Procedure Shopping Through Hybrid Arbitration Agreements

Author : Nathalie Lendermann
ISBN : 9783845289441
Genre : Law
File Size : 59. 85 MB
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Sind Vertragsparteien, die sich für eine Schiedsinstitution entscheiden, bei der Wahl der Verfahrensordnung frei? Das Werk behandelt diese Frage zur Parteiautonomie in institutionellen internationalen Schiedsverfahren am Beispiel hybrider Schiedsklauseln. Solche Klauseln benennen eine Schiedsinstitution, sehen aber die Schiedsordnung einer anderen Institution vor. Die Autorin untersucht die sich aus einer solchen Vereinbarung ergebenden Fragen aus schieds-, vertrags-, urheber- und lauterkeitsrechtlicher Sicht sowie einer transnationalen Perspektive unter Berücksichtigung verschiedener Rechtsordnungen. Zudem vergleicht sie Regeln und Organe wichtiger Schiedsinstitutionen Europas, Asiens und Amerikas. Das Werk dient als Handreiche für Praxis und Wissenschaft beim Umgang mit den Besonderheiten der institutionellen Schiedsgerichtsbarkeit.

International Contractual And Statutory Adjudication

Author : Andrew Burr
ISBN : 9781315294513
Genre : Law
File Size : 24. 22 MB
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A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction, together with a copy of the relevant local legislation, and permits a comparative approach between each. This book addresses statutory adjudication in a way that is practically useful and academically rigorous. As such, it remains an essential reference for any lawyer, project manager,contractor or academic involved with the commercial and construction fields.

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