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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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International Commercial Arbitration and the Brussels I Regulation

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ISBN13: 9781788115049
Published: April 2018
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £125.00



In stock.

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 text 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.

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Subjects:
Conflict of Laws, Arbitration and Dispute Resolution
Contents:
1. International Commercial Arbitration in the EU – An Introduction
2. The Interface between the Recast Brussels I Regulation and International Commercial Arbitration
3. The Consequences of the Interface between the Recast Brussels I Regulation and International Commercial Arbitration
4. The Existence and Validity of Arbitration Agreements
5. The Arbitrability of a Dispute
6. Parallel Proceedings
7. Conflicting Decisions
8. Summary and Conclusions
Index