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Author | : Luiz Eduardo Salles |
Publisher | : Cambridge University Press |
Total Pages | : 371 |
Release | : 2014-05-22 |
Genre | : Law |
ISBN | : 1139952471 |
Download Forum Shopping in International Adjudication Book in PDF, ePub and Kindle
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.
Author | : Luiz Eduardo Salles |
Publisher | : |
Total Pages | : 372 |
Release | : 2014-05-10 |
Genre | : Commercial courts |
ISBN | : 9781139957809 |
Download Forum Shopping in International Adjudication Book in PDF, ePub and Kindle
How can procedural objections be used to address the emerging phenomenon of forum shopping before international tribunals?
Author | : Luiz Eduardo Salles |
Publisher | : Cambridge University Press |
Total Pages | : 371 |
Release | : 2014-05-22 |
Genre | : Law |
ISBN | : 1107035961 |
Download Forum Shopping in International Adjudication Book in PDF, ePub and Kindle
How can procedural objections be used to address the emerging phenomenon of forum shopping before international tribunals?
Author | : Pascal de Vareilles-Sommières |
Publisher | : Bloomsbury Publishing |
Total Pages | : 260 |
Release | : 2007-12-18 |
Genre | : Law |
ISBN | : 1847314015 |
Download Forum Shopping in the European Judicial Area Book in PDF, ePub and Kindle
One of the issues left untouched by the Brussels Convention of 27 September 1968 (and by the Brussels-1 Regulation replacing it) concerns the leeway left to domestic courts when applying European rules on international jurisdiction in civil and commercial matters. For instance, is the court under a duty of strict compliance with the jurisdiction rule as it is drafted? Would such a duty go so far as to require the court to abide by the jurisdiction rule, even though it is being used by one of the litigants to achieve an unfair result, for example to delay adjudication on the merits? Under what conditions may the Court decline jurisdiction on account of any unsuitable forum shopping, thus ruling out the European provision on jurisdiction? Recent litigation in the ECJ has yielded rather, even excessively, restrictive answers, ruling out any discretion by domestic courts to remedy any inconvenience arising from the strict application of the European provisions, if such discretion were provided for by the lex fori (the Gasser case, the Turner case, and the Owusu case). This series of rulings from the ECJ raises several questions. Most observers have questioned the appropriateness of prescribing a blind application of European rules on jurisdiction by domestic courts, relying on the legal traditions of EC Member States usually providing for corrective mechanisms - such as 'forum non conveniens' in English Law and 'exception de fraude' in French Law - in cases when a party abusively triggers the jurisdiction of a court in order to obtain an unjust advantage, thus practising unacceptable forum shopping. The time has now come for an analysis, under both Community and comparative law, of the ramifications of the recent Gasser/Turner/Owusu cases. Readers will find in this book a collection of studies by some of the leading English and French experts today, analysing the ins and outs of jurisdiction and forum shopping in Europe.
Author | : Luiz Eduardo Ribeiro Salles |
Publisher | : |
Total Pages | : 394 |
Release | : 2011 |
Genre | : |
ISBN | : |
Download Preliminary Objections in International Adjudication Book in PDF, ePub and Kindle
Author | : Andrew S. Bell |
Publisher | : Oxford Private International L |
Total Pages | : 402 |
Release | : 2003 |
Genre | : Law |
ISBN | : 9780199248186 |
Download Forum Shopping and Venue in Transnational Litigation Book in PDF, ePub and Kindle
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.
Author | : Sellier European Law Publishers |
Publisher | : |
Total Pages | : 458 |
Release | : 2013 |
Genre | : |
ISBN | : 9783866539914 |
Download Forum Shopping in the International Commercial Arbitration Context Book in PDF, ePub and Kindle
Author | : V. S. Mani |
Publisher | : Brill Archive |
Total Pages | : 494 |
Release | : 1980 |
Genre | : Law |
ISBN | : 9789024723676 |
Download International Adjudication Book in PDF, ePub and Kindle
Author | : Clarence Wilfred Jenks |
Publisher | : |
Total Pages | : 858 |
Release | : 1964 |
Genre | : International courts |
ISBN | : |
Download The Prospects of International Adjudication Book in PDF, ePub and Kindle
Author | : Martin Scheinin |
Publisher | : Cambridge University Press |
Total Pages | : 517 |
Release | : 2019-07-25 |
Genre | : Law |
ISBN | : 1108499732 |
Download Human Rights Norms in ‘Other' International Courts Book in PDF, ePub and Kindle
Examines the role and impact of human rights norms in international courts other than human rights courts