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International Commercial Arbitration and the Brussels I Regulation
Hardcover | 27 April 2018
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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 book 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.
Industry Reviews
ISBN: 9781788115049
ISBN-10: 178811504X
Series: Elgar Arbitration Law and Practice series
Published: 27th April 2018
Format: Hardcover
Language: English
Number of Pages: 288
Audience: Professional and Scholarly
Publisher: Edward Elgar Publishing Ltd
Country of Publication: GB
Dimensions (cm): 24.4 x 16.9 x 2.54
Weight (kg): 0.59
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This product is categorised by
- Non-FictionLawLaws of Specific JurisdictionsLegal System in GeneralCivil Procedure, Litigation & Dispute ResolutionArbitration
- Non-FictionLawInternational LawInternational Law of TransportTransnational Commercial Law
- Non-FictionLawInternational LawPublic International LawInternational Economic & Trade Law
- Non-FictionLawInternational LawSettlement of International DisputesInternational Arbitration
- Miscellaneous Items