Jurisdiction and arbitration agreements in international commercial law Jurisdiction and arbitration agreements in international commercial law

Jurisdiction and arbitration agreements in international commercial law :عنوان

نویسنده: Zheng Sophia Tang

ناشر: Routledge - سال انتشار: 2014

قیمت: 780,000 ریال

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Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts. Sophisticated commercial parties adopt them to reduce risk, gain efficacy and acquire certainty and predictability. Both agreements have specific contractual requirements for their formation, incorporation and validity, have the prorogation effect to make the chosen forum competent and have the derogation power to deprive any otherwise competent fora of their jurisdiction. Both generate complex and interesting questions on the conflict of jurisdiction and interaction with anti- forum shopping measures, such as lis pendens, forum non conveniens, anti- suit injunction and anti- arbitration injunction. Because of the similarities between the two types of frequently used dispute resolution agreements, they are often treated in a similar way by courts and practitioners. This book offers a comparative study on the prerequisites, effectiveness and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution in order to determine whether the clauses have the identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. The book compares the treatment of jurisdiction and arbitration clauses in the US, China, the UK and the EU to demonstrate how, in practice, exclusive jurisdiction and arbitration agreements are enforced. In light of all this, the book considers whether the Hague Convention could be treated as a litigating counterpart of the New York Convention and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. I gave a four- day training course on law relating to procedural autonomy in the EU- Macau Judicial Cooperation/Mutual Trust Programme in Macau during June 2011. This lecture inspired me to do further research on this issue and to compare detailed rules concerning validity, effectiveness and enforcement between jurisdiction and arbitration agreements. I would wish to express my gratitude and appreciation to Professor Paul Beaumont for his recommendation and Macao Law Reform and International Law Bureau for the invitation and organization

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نویسنده Zheng Sophia Tang
مترجم
ناشر Routledge
نوبت چاپ 2
سال انتشار 2014
زبان کتاب انگلیسی
شابک 9780415625548
قطع کتاب وزیری
جلد کتاب شومیز
تعداد صفحه 311 صفحه
وزن 600 گرم
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