Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners.
This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce.
This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.
Автор: Collins Pauline, Demeter Dalma, Douglas Susan Название: Dispute Management ISBN: 1108794718 ISBN-13(EAN): 9781108794718 Издательство: Cambridge University Press Рейтинг: Цена: 24818.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Dispute Management is an introduction to dispute processes. Beginning with communication theory and practice, and the historical, philosophical and cultural considerations of dispute management, the book then addresses the traditional topics of negotiation, mediation and litigation, as well as interviewing, collaborative law and arbitration.
Описание: This book examines the means and procedures for determining arbitral jurisdiction in state court proceedings at the early stages of the process. It compares the practice of the English, Swiss and German legal orders and outlines suggestions for improvement.
Автор: Sonya Willis Название: Civil Dispute Resolution: Balancing Themes and Theory ISBN: 1316606341 ISBN-13(EAN): 9781316606346 Издательство: Cambridge Academ Рейтинг: Цена: 13779.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Presents a comprehensive framework within which both civil procedure and alternative dispute resolution are addressed. This framework, based on balancing competing objectives of dispute resolution, simplifies and explains the many aspects of resolving disagreements between private parties.
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