Arbitration / Mediation / Litigation

Jurisdiction and Arbitration Agreements and their Enforcement, 3rd Edition

By David Joseph
Sweet & Maxwell U.K. December 2015

Specifications

ISBN-13
9780414034310
Publisher
Sweet & Maxwell U.K.
Publication
December 2015
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

The new edition of this leading work offers a comprehensive treatment of jurisdiction and arbitration agreements in commercial contracts, and the enforcement of consequent judgments. It incorporates discussion of the latest cases and changes to international conventions, alongside practical advice on the problems that can arise in this field.

  • Gives detailed guidance on the validity, scope, construction and incorporation of jurisdiction and arbitration agreements into contracts
  • Offers detailed advice on how to resolve problems that can arise in the enforcement of agreements
  • Looks at all aspects of enforcement, from the grant of stay to injunctive and declaratory relief and an action for damages
  • Contains precedents relating to anti-suit injunctions and declaratory relief
  • Includes coverage of multi-tier resolution clauses
  • Considers the decisions of English and European courts in this field since the previous edition
  • Includes a detailed exploration of the revised Brussels I Regulation in force from December 2014, discussing its meaning and implications
  • Covers precedents arising from implementation of the 2010 Lugano Convention
  • Features an expanded section on interim relief granted by arbitral tribunals covering the latest jurisprudence in investment treaty arbitration
  • Discusses the issues from both EU and common law perspectives, ensuring the work is relevant to those practising in a wide range of jurisdictions

Table of Contents

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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