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For situations where the forum selection clause can make all the difference, this book is invaluable. The text shows how parties can mitigate the effects of concurrent jurisdiction ex ante through the use of forum selection clauses in arbitration agreements, and also explains the role of provisional and protective measures in the regulation of forum selection and judicial doctrines that directly regulate "improper" forum selections. Published under the Transnational Publishers imprint.
Book Synopsis International Dispute Resolution: The Regulation of Forum Selection by : Jack L. Goldsmith
Download or read book International Dispute Resolution: The Regulation of Forum Selection written by Jack L. Goldsmith and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: For situations where the forum selection clause can make all the difference, this book is invaluable. The text shows how parties can mitigate the effects of concurrent jurisdiction ex ante through the use of forum selection clauses in arbitration agreements, and also explains the role of provisional and protective measures in the regulation of forum selection and judicial doctrines that directly regulate "improper" forum selections. Published under the Transnational Publishers imprint.
International Dispute Resolution: The Regulation of Forum Selection examines how parties can mitigate the effects of concurrent jurisdiction ex ante through the use of forum selection clauses and arbitration agreements; the role of provisional and protective measures in the regulation of forum selection; and judicial doctrines that directly regulate "improper" forum selections.
Book Synopsis International Dispute Resolution by : Jack L. Goldsmith
Download or read book International Dispute Resolution written by Jack L. Goldsmith and published by Brill - Nijhoff. This book was released on 1997-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Dispute Resolution: The Regulation of Forum Selection examines how parties can mitigate the effects of concurrent jurisdiction ex ante through the use of forum selection clauses and arbitration agreements; the role of provisional and protective measures in the regulation of forum selection; and judicial doctrines that directly regulate "improper" forum selections.
International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Drawing on a wealth of practical experience and academic analysis by one of the world’s leading authorities on international arbitration and litigation, this extensively revised and expanded sixth edition provides model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches to reducing the risks inherent in cross-border transactions. The book is an essential resource for any international practitioner or corporate counsel engaged in international matters. Key Features include: Discussion of practical reasons for international arbitration and forum selection clauses Uncomplicated and practical guidance on drafting international arbitration and forum selection clauses Do's and Don't's for drafting Model international arbitration and forum selection clauses that permit efficient and effective dispute resolution Nearly 100 different model provisions Ad hoc versus institutional arbitration clauses Overview of leading arbitral institutions (including ICC, SIAC, ICDR/AAA, LCIA, HKIAC, PCA, ICSID, WIPO, VIAC, DIS, NAI and CRCICA) Overview of advantages and disadvantages of leading arbitral seats Forum selection clauses for national and international courts Multi-tier dispute resolution provisions Optional provisions for international arbitration and forum selection clauses (including arbitrator selection, arbitral procedure, costs of arbitration, provisional measures, waiver of annulment and currency of award) Discussion of pathological arbitration clauses and commonly-encountered defects And covers: Updated extensively to address developments through January 2021 New materials covering international courts and choice-of-law provisions Key reference materials in easy-to-use appendices About the author: Gary B. Born is one of the world’s leading authorities on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, and Asia. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration: Law and Practice (Kluwer Law International 2nd ed. 2016), International Commercial Arbitration: Cases and Materials (Aspen 2nd ed. 2015) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
Book Synopsis International Arbitration and Forum Selection Agreements, Drafting and Enforcing by : Gary B. Born
Download or read book International Arbitration and Forum Selection Agreements, Drafting and Enforcing written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2021-03-10 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Drawing on a wealth of practical experience and academic analysis by one of the world’s leading authorities on international arbitration and litigation, this extensively revised and expanded sixth edition provides model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches to reducing the risks inherent in cross-border transactions. The book is an essential resource for any international practitioner or corporate counsel engaged in international matters. Key Features include: Discussion of practical reasons for international arbitration and forum selection clauses Uncomplicated and practical guidance on drafting international arbitration and forum selection clauses Do's and Don't's for drafting Model international arbitration and forum selection clauses that permit efficient and effective dispute resolution Nearly 100 different model provisions Ad hoc versus institutional arbitration clauses Overview of leading arbitral institutions (including ICC, SIAC, ICDR/AAA, LCIA, HKIAC, PCA, ICSID, WIPO, VIAC, DIS, NAI and CRCICA) Overview of advantages and disadvantages of leading arbitral seats Forum selection clauses for national and international courts Multi-tier dispute resolution provisions Optional provisions for international arbitration and forum selection clauses (including arbitrator selection, arbitral procedure, costs of arbitration, provisional measures, waiver of annulment and currency of award) Discussion of pathological arbitration clauses and commonly-encountered defects And covers: Updated extensively to address developments through January 2021 New materials covering international courts and choice-of-law provisions Key reference materials in easy-to-use appendices About the author: Gary B. Born is one of the world’s leading authorities on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, and Asia. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration: Law and Practice (Kluwer Law International 2nd ed. 2016), International Commercial Arbitration: Cases and Materials (Aspen 2nd ed. 2015) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
"Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded fourth edition offers madel arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches."--Wolters Kluwer CCH Website
Book Synopsis International Arbitration and Forum Selection Agreements by : Gary Born
Download or read book International Arbitration and Forum Selection Agreements written by Gary Born and published by Wolters Kluwer Law & Business. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded fourth edition offers madel arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches."--Wolters Kluwer CCH Website
This book will compare arbitration agreements with forum selection clauses that designate courts, contrasting the relative costs and benefits of each form of dispute resolution. Focus will be on the way that international business lawyers can enhance the reliability of their jurisdiction selection clauses and the enforcement of the resulting awards and judgments. The scope of the work will included analysis of national statutes, international treaties, court decisions and choice-of-law questions related to forum selection.
Book Synopsis International Forum Selection by : William Park
Download or read book International Forum Selection written by William Park and published by Springer. This book was released on 1995-09-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will compare arbitration agreements with forum selection clauses that designate courts, contrasting the relative costs and benefits of each form of dispute resolution. Focus will be on the way that international business lawyers can enhance the reliability of their jurisdiction selection clauses and the enforcement of the resulting awards and judgments. The scope of the work will included analysis of national statutes, international treaties, court decisions and choice-of-law questions related to forum selection.
Book Synopsis International Litigation and Arbitration by : Andreas F. Lowenfeld
Download or read book International Litigation and Arbitration written by Andreas F. Lowenfeld and published by West Academic Publishing. This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis International Dispute Resolution and the Public Policy Exception by : Farshad Ghodoosi
Download or read book International Dispute Resolution and the Public Policy Exception written by Farshad Ghodoosi and published by Routledge. This book was released on 2016-06-10 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
No lawyer involved in international transactions can afford to ignore this authoritative guide to planning and drafting international arbitration agreements and forum selection clauses. It includes clear, practical explanations of the advantages and disa.
Book Synopsis International Arbitration and Forum Selection Agreements by : Gary Born
Download or read book International Arbitration and Forum Selection Agreements written by Gary Born and published by . This book was released on 2006 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: No lawyer involved in international transactions can afford to ignore this authoritative guide to planning and drafting international arbitration agreements and forum selection clauses. It includes clear, practical explanations of the advantages and disa.
The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practicaljurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate isinevitable.Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation.It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reason why much transnational litigation settles once the issue of venue is resolved,in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions,most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicialcomity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selectionarrangements.
Book Synopsis Forum Shopping and Venue in Transnational Litigation by : Andrew S. Bell
Download or read book Forum Shopping and Venue in Transnational Litigation written by Andrew S. Bell and published by Oxford Private International L. This book was released on 2003 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practicaljurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate isinevitable.Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation.It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reason why much transnational litigation settles once the issue of venue is resolved,in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions,most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicialcomity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selectionarrangements.
Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.
Book Synopsis Forum Shopping in International Adjudication by : Luiz Eduardo Salles
Download or read book Forum Shopping in International Adjudication written by Luiz Eduardo Salles and published by Cambridge University Press. This book was released on 2014-05-22 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.
