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Jurisdiction and Arbitration Agreements and their Enforcement, 2nd Edition

Jurisdiction and Arbitration Agreements and their Enforcement, 2nd Edition

Author: David Joseph, QC
Publisher: Sweet & Maxwell U.K.
ISBN: 9781847038975
Published In: September 2010
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Offers a unique and comprehensive treatment of both jurisdiction and arbitration agreements and the enforcement of consequent judgments and awards
Covers all issues arising from jurisdiction, arbitration, mediation agreements in relation to commercial contracts
Looks at all aspects of enforcement from the grant of stay, to injunctive and declaratory relief and an action for damages
Includes an extensive treatment on the enforcement of judgments and awards
Supplies detailed guidance on the validity, scope, construction, incorporation and enforceability of mediation clauses in commercial contracts
Looks at the role of expert determination
Remedies including stay, anti-suit injunctions, resolution of clash of jurisdictions and the enforcement of judgments are assessed from both the EU and common law perspectives
Includes analysis of the important proposals for the reform of the Brussels I Regulation currently under discussion
Includes new statutory and arbitration material including the amendments to the UNCITRAL arbitration model law, a new EC regulation on mediation, and the finalized version of the Hague Convention
Covers the new Lugano Convention that came into force in January 2010
Covers all of the hundred or more important decisions of the English and European courts in this field since the last edition
Features a brand new chapter on the enforcement of arbitral awards under the New York Convention
Includes an expanded section on interim relief granted by arbitral tribunals covering the latest jurisprudence in investment treaty arbitration
Includes a new chapter on the enforcement of arbitration agreements involving States and State entities

Overview of the European framework
Formal requirements of jurisdiction and arbitration agreementsNature 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, orders and awards
Enforcement of mediation agreements
Appendices
Precedents
Arbitration Act 1996
Judgments Regulation - Council Regulation (EC) 44/2001
Service Regulation - Council Regulation (EC) 1348/200
Preliminary draft Hague Convention on Exclusive Choice of Court Agreements