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Macdonald's Exemption Clauses and Unfair Terms

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Injunctive Relief and International Arbitration


ISBN13: 9780415870078
Published: August 2014
Publisher: Informa Law from Routledge
Country of Publication: UK
Format: Hardback
Price: £275.00



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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.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Chapter 1. Discussion of Arbitration Agreements and Treatment of Such Agreements
Chapter 2. Injunctions in England: An Overview as to When They Will be Granted
Chapter 3. Discussion of Injunctions and Arbitration and When The Need to Apply For Them Will Arise
Chapter 4.
Section 44 of the Arbitration Act 1996
Chapter 5. Anti-Suit Injunctions and arbitration/EU and Non-EU positions
Chapter 6.
Section 37 of the SCA and Arbitration
Chapter 7. Anti-Arbitration Injunctions
Chapter 8. Breach of Arbitration and Damage/Other Remedies

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