Anti Suit Injunctions In International Arbitration PDF Download
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Author | : Emmanuel Gaillard |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 372 |
Release | : 2005-03-01 |
Genre | : Law |
ISBN | : 1929446608 |
Download Anti-suit Injunctions in International Arbitration Book in PDF, ePub and Kindle
IAI Series No. 2 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de ľ Arbitrage (CFA), was created to promote exchanges in international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the Book: Anti-suit injunctions are a device, originally found in common law countries, whereby a court - which retains its jurisdiction or anticipates to do so and which seeks to protect that jurisdiction or, more generally, the jurisdiction of the forum it deems to be the most appropriate - orders a party to refrain from bringing a claim before the courts of another State or before an arbitral tribunal or, if the party has already brought such a claim, orders that party to withdraw from, or the arbitrators to suspend, the proceedings. In the past few years, the use of anti-suit injunctions in the context of international arbitration has been spreading at a disturbing pace. The courts of many common law countries but also those of civil law tradition frequently resort to this device at a party's request, in order to disrupt the arbitration process or resist the enforcement of the award. How best to resolve those conflicts arising as a result of national courts' differing perspectives on the validity and scope of certain arbitration agreements? Are anti-suit injunctions in conformity with the requirements of public international law? When the courts of certain States enjoin a party to refrain from proceeding with an arbitration, should other courts enjoin them not to enjoin, or should they, like the U.S. Court of Appeal for the 5th Circuit in the Pertamina case, exercise a commandable "self-restriction"? These are just a few of the issues addressed in Anti-Suit Injunctions in International Arbitration.
Author | : Emmanuel Gaillard |
Publisher | : |
Total Pages | : 365 |
Release | : 2005 |
Genre | : Abandon de recours - Congrès |
ISBN | : 9783727227127 |
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Author | : Olivier Luc Mosimann |
Publisher | : Eleven International Publishing |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9789077596999 |
Download Anti-suit Injunctions in International Commercial Arbitration Book in PDF, ePub and Kindle
Anti-suit injunctions are orders restraining a party from commencing or continuing proceedings before a state court and can be issued by a court or arbitral tribunal. This book examines if and when anti-suit injunctions can be ordered, and it contemplates their legal conformity. It deals with jurisdictions familiar with anti-suit injunctions (e.g. England and the US) and compares these with the legal setting in Switzerland. The analysis not only relies on publicly available material, but also on confidential arbitral case law. Besides information on arbitral proceedings reported directly by arbitrators, the book takes into consideration unpublished material from proceedings conducted under the International Chamber of Commerce Rules and the International Arbitration Rules of Zurich Chamber of Commerce (now replaced by the Swiss Rules).
Author | : Ilyas Golcuklu |
Publisher | : |
Total Pages | : 352 |
Release | : 2020 |
Genre | : Injunctions |
ISBN | : 9781944825478 |
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Author | : Stephen M. Schwebel |
Publisher | : Cambridge University Press |
Total Pages | : 385 |
Release | : 2011-05-19 |
Genre | : Law |
ISBN | : 113950293X |
Download Justice in International Law Book in PDF, ePub and Kindle
Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.
Author | : Loukas A. Mistelis |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 418 |
Release | : 2006-01-01 |
Genre | : Law |
ISBN | : 9041124500 |
Download Pervasive Problems in International Arbitration Book in PDF, ePub and Kindle
"This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.
Author | : Hakeem Seriki |
Publisher | : CRC Press |
Total Pages | : 323 |
Release | : 2014-07-25 |
Genre | : Law |
ISBN | : 1317685040 |
Download Injunctive Relief and International Arbitration Book in PDF, ePub and Kindle
This book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.
Author | : Mauro Rubino-Sammartano |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 2072 |
Release | : 2014-01-01 |
Genre | : Arbitration (International law) |
ISBN | : 1937518159 |
Download International Arbitration Law and Practice, Third Edition Book in PDF, ePub and Kindle
This third edition of International Arbitration Law and Practice has been largely enriched by covering international commercial arbitrations, investment treaty arbitrations, arbitrations between public bodies, between states and individuals, the UNCITRAL model law and Iran-US Tribunal proceedings as well as commodity arbitration, online arbitration and sports arbitral proceedings. International Arbitration Law and Practice, 3rd edition elaborates new concepts such as a definition of international arbitration based on procedural law (different from transnational law) and a doctrine (the tronc commun doctrine) to identify the applicable substantive law on disputes between parties belonging to different countries. It further suggests that a law of international arbitration has arisen from the various conventions and laws. Besides dealing with all the aspects of arbitration on a topic by topic basis, the writer presents a third generation arbitration which builds on analysis of major obstacles to a smooth running arbitration.International Arbitration Law and Practice, 3rd edition is a work that anyone involved in arbitral proceedings will find to be absolutely indispensable.
Author | : Jorge L. Contreras |
Publisher | : Cambridge University Press |
Total Pages | : 1194 |
Release | : 2017-12-14 |
Genre | : Law |
ISBN | : 1108547303 |
Download The Cambridge Handbook of Technical Standardization Law Book in PDF, ePub and Kindle
Technical standards are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes the legal aspects of technical standards and standardization. Bringing together more than thirty leading international scholars, advocates, and policymakers, it focuses on two of the most contentious and critical areas pertaining to standards today in key jurisdictions around the world: antitrust/competition law and patent law. (A subsequent volume will focus on international trade, copyright, and administrative law.) This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.
Author | : Nadja Erk |
Publisher | : |
Total Pages | : 318 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9789041152640 |
Download Parallel Proceedings in International Arbitration Book in PDF, ePub and Kindle
This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.