International Commercial Arbitration and the Brussels I Regulation

ISBN-10: 178811504X
ISBN-13: 9781788115049
Category: Conflict of laws
Pages: 258
Language: English
Published: 2018
Author: Louise Hauberg Wilhelmsen

Description

This new work provides a timely and in-depth examination of the interface between the recast Brussels I Regulation and international commercial arbitration.The nature of the exclusion of arbitration from the original Brussels I Regulation on the recognition and enforcement of judgments, and subsequent decisions of the CJEU in cases such as West Tankers, resulted in the use of delaying tactics by parties wishing to avoid arbitration agreements.The recast Brussels I Regulation sought to remedy the situation by clarifying the extent of the arbitration exclusion and providing further detail on the relationship between arbitration and the Regulation, with the aim of promoting the efficient resolution of international disputes within the European Union. While the recast Brussels I Regulation has gone some way to remedy the situation, problems remain for those engaged in international disputes in EU member states.Key features of this book include:* Comprehensive analysis of the interface between the recast Brussels I Regulation and international commercial arbitration* Examination of the dilatory tactics which may be employed to avoid arbitration such as forum shopping, commencing parallel proceedings and obtaining conflicting decisions* Guidance on how these tactics are addressed in national and international law* Assessment of the EU, international and national laws that apply to these tactics.Practitioners working within the fields of international commercial arbitration, civil litigation and private international law will find this work a valuable resource, providing a unique and detailed treatment of this important and technical subject.

Get the book

Other editions

International Commercial Arbitration and the Brussels I Regulation
- 2018-04-27
- 288 pages
- Ebook
- Edward Elgar Publishing

Similar books

Investment Treaty Arbitration and International Law - Volume 7
By Ian A. Laird, Borzu Sabahi, Frédéric G. Sourgens
Most bilateral investment treaties deal with the risks created by such investment by ... from the other “[s]ubject to its right to exercise 73 Vandevelde, ...
Clarkson and Hill's Conflict of Laws
By Jonathan Hill, Máire Ní Shúilleabháin
6.96 Plummer v IRC (1988)... 6.39, 6.58 Po, The (1991)... 2.34 Pocket Kings Ltd v Safenames Ltd (2010). . . 3.42 Polly Peck International plc (in administration) (No4), Re (1998)... 2.260 Polly Peck International plc v Nadir (1992).
Investment Treaty Arbitration and International Law

Investment Treaty Arbitration and International Law
Internationales Privatrecht: Ideengeschichte von Mancini und Ehrenzweig zum Europäischen Kollisionsrecht
By Erik Jayme
9 IPRax 2004 , 339. Vgl . hierzu Juliana Mörsdorf - Schulte , Europäische Impulse für Namen und Status des Mehrstaaters , IPRax 2004 , 315 ff . zen , behandelt zu werden “ 10 . Dieses Ergebnis 159.
Czech and Central European Yearbook of Arbitration - 2012: Party Autonomy versus Autonomy of Arbitrators
By Alexander J. Bělohlávek, Prof. JUDr. Naděžda Rozehnalova
(Czech Republic), Mr. David Goldberg, Partner at White & Case LLP (United Kingdom), Dr. Beata Gessel-Kalinowska vel Kalisz, President of Lewiatan Court of Arbitration and Managing Partner at GESSEL Law Firm (Poland), Dr. Crenguta Leaua ...
Canadian Conflict of Laws
By Jean Gabriel Castel
... to the cause of action may bring the action within such times as are before limited after the return of the absent person to the province.106 It would seem that the statute is not 101 Huber v . Steiner , supra , note 99 ; Harris v .
Cross-border Enforcement of Intellectual Property Rights
By Paul Torremans
This research review discusses an important selection of research articles and papers on the cross-border enforcement of intellectual property rights.
Global Internet Law
By Michael Rustad
To help readers come to grips with the necessity of approaching the subject from a transnational perspective, this book surveys the best available U.S. and foreign cases, statutes, and commentaries covering global Internet Law developments.
Cases and Materials on Conflict of Laws
By Willis L. M. Reese, Maurice Rosenberg
John E. Montgomery , Professor of Law , University of South Carolina . PROFESSIONAL RESPONSIBILITY , Third Edition ( 1984 ) , with 1984 Selected National Standards Supplement Thomas D. Morgan , Dean of the Law School , Emory University ...
The Conflict of Laws
By Jonathan Hill, Christopher M. V. Clarkson
The Conflict of Laws